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Analogy

A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839

A Law Dictionary, Adapted to the Constitution and Laws of the United States

construction, is the similitude of relations which exist between things compared; it is the induction made from a known fact. To reason analogically is to draw conclusions based on this similitude of relations, on the resemblance, on the connexion which is perceived between the objects compared. “It is this guide” says Toullier, “ which leads the 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.