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 ?
If the nouns woeter and yfel, as high frequency representatives of Groups 2 and 4, were targets of analogical plural number marking, and they began to take the irregular forms woetru and yflu, other nouns of those groups should have been susceptible to that irregular plural-marking pattern.
According to Hochschild Cajetan's answer to Scotus is relatively straightforward: 'Cajetan's response is that analogical signification is semantically possible, because analogical relationships are metaphysically real' (138).
Jones's quest for liturgical, analogical order in an unpropitious age, outlined above, and his battle against the "will toward power" and its immanentist order, can fruitfully be considered in conversation with William F.
Traditional measures of giftedness, such as standardized IQ tests, draw directly on analogical reasoning (Fagan, 1984; Holyoak et al., 1984; Sattler, 1992, 2001); and gifted children demonstrate advancement in this area (Davidson, 1986; Davidson & Sternberg, 1984; Klavir & Gorodestky, 2001).
SIMIBT has six subtests: (i) General Information; (ii) Arithmetical Reasoning; (iii) Verbal Absurdities; (iv) Similarities; (v) Analogical Completions; and (vi) Causal Reasoning.
The majority of experimental studies concerned with this behavior analytic approach to analogical reasoning have used complex or multielement conditional discriminations to train arbitrary stimulus relations and test the derived relational behavior.
The justification essentially says that RLA provides an antidote to the arbitrariness of legal analysis conceived in terms of interest group pluralism or analogical reasoning.
The following section investigates further this analogical dimension.
Our first core hypothesis is that analogical reasoning and learning are central to human cognition.
Analogical reasoning refers to the ability to perceive relationships between different phenomena (Gentner, 1983).
analogical resemblances are determined in the first place, and in how