Maxim 12.1.6
An argument from the greater to the less does not hold in the negative; conversely it does.
Argumentum a majori ad minus negativum non valet; converso valet.
Source: Jenk. Cent. 281; Weisman, 8b
Difficulty 2/5 — Approachable
Explanation
That a greater power is denied does not prove a lesser one is also denied; but that a greater power is granted proves the lesser is included.
Where this applies
- They have the greater authority so the lesser power is necessarily included.
- Just because the greater power is denied doesn't mean the lesser is also denied.
- The grant of a greater power implies the grant of every lesser power within it.
Legal domains
See also
Cite this maxim
NeCede Max. 12.1.6 — An argument from the greater to the less does not hold in the negative; conversely it does. — Jenk. Cent. 281; Weisman, 8b (Argumentum a majori ad minus negativum non valet; converso valet.)
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