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 ?
They (2004) argued that analogical reasoning is a measure of g, the general intelligence factor.
The sample size is too small to draw any conclusions about novice users versus user who have had prior AgentCubes experience; however, the results in general are promising in terms of analogical reasoning with interactions.
Justice Scalia has himself rejected analogical reasoning as an originalist methodology.
These studies examining competition were conducted with individuals (adults) who had already acquired the relational response evaluated by analogical reasoning tasks.
We conclude by suggesting that heuristic and analogical reasoning theories provide the means through which we might better understand the utility of personal experience to internationalizing firms, and its potential impact on internationalization dynamics and performance.
1998) were correct in their conclusion that pattern instruction improved analogical reasoning and understanding the relation between symbols, the children would have been better able to profit from their classroom teacher's delivery of the school system's mathematics curriculum.
The Seventh Amendment has forced the Court to address second-order questions about the use of analogical reasoning itself.
Analysis of attention and analogical reasoning in children of poverty.
Didactic proposal for children with attention deficit: stimulation of verbal analogical reasoning for developing late orality
However, the main aim of Bartha's investigation diverts from the currently dominating focus on the cognitive process of analogical reasoning.
Second she must explain how this middle ground can support analogical reasoning and ground genuine understanding despite the lack of univocality.
Traditional measures of giftedness, such as standardized IQ tests, draw directly on analogical reasoning (Fagan, 1984; Holyoak et al.

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