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, 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 ?
Analagous to non-Euclidean geometry, whereby decommisioning of a single postulate--thus severing Euclidean geometry's integrity--permits elliptical and hyperbolic curvature.
By extension, his need to know the truth and the lawyerly tools of investigation with which he extracts Miriam's account from her are, for Vich, analagous to the elder Ormache's exercise of undisguised power in the torture chambers ("Violencia" 239-40).
This required a mechanical lock for the LSR on both sides of the PP, analagous to a rivet shape.
This revealed exactly analagous morphological changes triggered through SFLLRN, but not through an inert scramble peptide FSLLRN even when used at high concentrations up to 250 [micro]moles/L (Figures 3(f) and 4(b)).
Fetter (1999) summarized one particular solution that is analagous to heat injection/extraction to/from closed-loop vertical borehole heat exchangers.
Optimal extraction is not aperture photometry (although its operation is in some ways analagous) and nor is it PSF photometry (although it requires a model of the stellar PSF).
Analagous to selective enrichment, IMS offers greater speed and can be a less damaging alternative to the use of antibiotics and other harsh reagents.
It is also a way of appropriating a text analagous, perhaps, to Duchamp's readymades, existing objects that are recycled and resignified after being signed.
The structural similarity of processes generating criminal and analagous behaviors.
(36.) These two figures arguably assume a foie analagous to Crebillon's ouvrier in Le Sopha.
(12) The massive body of research notes that Flaubert normally accumulated before embarking on a novel may be seen as analagous to the build-up of memories.