analogy

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Analogy

The inference that two or more things that are similar to each other in some respects are also similar in other respects.

An analogy denotes that similarity exists in some characteristics of things that are otherwise not alike.

In a legal argument, an analogy may be used when there is no precedent (prior case law close in facts and legal principles) in point. Reasoning by analogy involves referring to a case that concerns unrelated subject matter but is governed by the same general principles and applying those principles to the case at hand.

analogy

noun affinity, agreement, close relation, close resemblance, common feature, comparability, congruity, correlation, correspondence, homology, like quality, likeness, logical relation, parallel relation, parallelism, parity, partial similarity, point in common, point of resemblance, points of comparison, relation, relativeness, relativity, resemblance, semblance, similar appearance, similar form, similar relation, similarity, similitude, symmetry
Foreign phrases: De similibus ad similia eadem ratione procedendum est.Proceeding in similar matters we are to proceed by the same rule.
See also: collation, comparison, connection, correspondence, parity, relation, relationship, resemblance

ANALOGY, construction. The similitude of relations which exist between things compared.
     2. To reason analogically, is to draw conclusions based on this similitude of relations, on the resemblance, or the connexion which is perceived between the objects compared. "It is this guide," says Toollier, which leads the law lawgiver, like other men, without his observing it. It is analogy which induces us, with reason, to suppose that, following the example of the Creator of the universe, the lawgiver has established general and uniform laws, which it is unnecessary to repeat in all analogous cases." Dr. Civ. Fr. liv. 3, t. 1, c. 1. Vide Ang. on Adv. Enjoym. 30, 31; Hale's Com. Law, 141.
     3. Analogy has been declared to be an argument or guide in forming legal judgments, and is very commonly a ground of such judgments. 7 Barn. & Cres. 168; 3 Bing. R. 265; 8 Bing R. 557, 563; 3 Atk. 313; 1 Eden's R. 212; 1 W. Bl. 151; 6 Ves. jr. 675, 676; 3 Swanst. R. 561; 1 Turn. & R. 103, 338; 1 R. & M. 352, 475, 477; 4 Burr. R. 1962; 2022, 2068; 4 T. R. 591; 4 Barn. & Cr. 855; 7 Dowl. & Ry. 251; Cas. t. Talb. 140; 3 P. Wms. 391; 3 Bro. C. C. 639, n.

References in periodicals archive ?
Or, consider the surprisingly knotty problem of analogical reasoning presented by laws prohibiting the possession of firearms by convicted felons.
The relationship between young children's analogical reasoning and mathematical learning.
It sets the terms of the process of analogical reasoning, a task at which lawyers and judges consider themselves relatively adept.
It is clear from the above discussion that the relevance of analogical reasoning to both education and information technology has been supported by the literature.
The second key idea of Bartha's articulation model of analogical reasoning is the principle of generalization, which means evaluating the prospects of generalizing the prior association.
Analogical reasoning as a mechanism in knowledge acquisition: A developmental perspective.
Early assignments on analogical reasoning, search strategies, etc.
The logic involved in the riddle is that of analogical reasoning and the similarity between the moon and the stars and a human family is a product of observation and precise thinking.
THE INCOMPLETELY THEORIZED AGREEMENT AND TUE ROLE OF ANALOGICAL REASONING
These two essays along with others such as Pesch's, Burrell's and Reynolds's prompt more extended contemplation and debate about how analogical reasoning operates in Aquinas's thought.
Kevin Sharpe, for instance, points to the central importance of analogical reasoning, the commonplaces of father of the family and head of the body as analogies for kingship, the importance of systems of balance in duties and rights, and the importance of biblical endorsement in the discourses of early modern England.
Citing research indicating that reading comprehension rests upon the formal skills of deductive inferential reasoning and upon such skills as analogical reasoning, he argues that reading comprehension would be improved if these primary reasoning skills are strengthened.