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 ?
Perhaps Kasich will be able to break out from the crowd and from that historic analogy.
analogy distinction is not a black-and-white dichotomy, but rather a continuum.
Analogy For Middle Schools is available for purchase online through the author's website, from the publisher, Amazon.
First, he establishes a basis for the use of the analogy of proper proportionality (A is to B as C is to D) to speak about the ontological structures of realities, and does so primarily in terms of the act/potency composition in creatures and the existence/essence distinction.
So with these facts in mind, let us turn the analogy, imagine America was held under siege, occupation, and that Americans were being denied their right to statehood and freedom.
It was troubling to read that practically all scholars who have explored and used the Israel analogy to support inclusivism are "wrong," "incorrect," and "erroneous," or have "misinterpreted," "misused," "failed to understand," and "misconstrued"--judgments repeated on nearly every page.
This work therefore shows that language is not necessary to analogy.
After an introduction that quickly sketches the philosophical problem of analogy and the history of reflection on it from Aristotle to Aquinas, Hochschild argues against the Thomistic paradigm in Chapter 1.
The first place to look for a record of the role of Darwin's finches in Darwin's thinking is in his published works, especially The Voyage of the Beagle (2) and The Origin of Species (3) where he argued for evolution by natural selection, an analogy for formation of new species.
First, the divine relations that are at the core of the hypothesis will be conceived on an analogy with human dynamic consciousness, and so that analogy must be accurately understood and presented as thoroughly as possible.
And if one is to use an analogy (see point 4 above), then the auto situation is germane when you take into account that many of the big competitors in the cell phone business are non-domestic (e.