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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
(44) By accepting prior cases as unrevisable, a court can employ low-level principles such as analogical reasoning to resolve the case at hand without requiring the court to develop a broader theory or reinvent the wheel by examining the theoretical underpinnings of prior case law.
Similarity and Analogical Reasoning. Cambridge, Eds.
Three studies involving mass media anti-tobacco campaigns were reviewed that indicate the following major findings: (a) anti-tobacco mass media advertising campaigns, especially television targeted to younger children, are effective community health interventions in preventing youth tobacco usage; (b) advertisements that target school-age children and take into account the audiences' psychological maturity (analogical reasoning ability) are effective; and (c) anti-tobacco mass media advertising campaigns may be most effective in reducing tobacco use in children when used as part of a multifaceted approach, including community health education in schools.
Analogical reasoning in children is thus highly dependent on relational knowledge.
Second, the patterns of analogical reasoning illuminate certain facets of the later evolution of outer space law by indicating which proposals are more or less likely to be considered seriously.
Perhaps one of the easiest to use analogical reasoning methods is that of storytelling.
In support of that belief, he taxonomizes the various argument types, explains the logical form and rational force of each type, and locates analogical reasoning within that taxonomy.
In that respect, it is only natural for Pinder and Bourgeois to urge organizational theorists to consciously avoid analogical reasoning, although they admit this is not entirely possible.
From the fact that fluorescin, rhodopsin, and the photosphere have intrinsic properties which resemble those of objects which make the appropriate dispositional counterfactuals true, a plausible principle of analogical reasoning permits us to draw the conclusion that fluorescin reflects green light, that rhodopsin is yellow, and that the photosphere is red.
Admittedly, this is an image of Arab politics based on inferential and analogical reasoning. Because of time and space limitations, we have substituted the campfire metaphor for theoretical elaboration.
It may be inferred that the quality of stimulation and feedback which fosters the development of mental abilities such as to educe relationships and analogical reasoning, is more or less similar for the both sexes.