Argumentum a fortiori
Argumentum a fortiori (UK: /ˈɑː
It is traditionally known under two forms: argumentum a maiori ad minus and argumentum a minori ad maius.
Examples in legal application[edit]
In the legal province “argumentum a maiori ad minus” (from the greater to the smaller) works in two ways:
- “who may more, all the more so may less” and relates to the statutory provisions that permit to do something
- “who is ordered more, all the more so, is ordered less” and relates to the stautory provisions that order to do something
In turn “argumentum a minori ad maius” (from the smaller to the greater) works in this province in the way:
- “who is forbidden less is all the more so forbidden the more” and relates to the statutory provisions that prohibit to do something.[2]
It serves here mainly to fill in the so-called legal gaps, especially extra legem ones.
Relation to analogical reasoning[edit]
An a fortiori argument is sometimes considered in terms of analogical reasoning – especially in its legal applications. Reasoning a fortiori posits not mere that a case regulated by precedential or statutory law and an unregulated case should be treated alike since these cases sufficiently resemble each other, but that the unregulated case deserves to be treated in the same way as the regulated case in a higher degree. The unregulated case is here more similar (analogues) to the regulated case than this case is similar (analogues) to itself.[3][4]
See also[edit]
References[edit]
- ↑ Morwood, James (1998). A Dictionary of Latin Words and Phrases. Oxford: Oxford University Press. pp. x–xii. ISBN 978-0-19-860109-8. Search this book on
- ↑ As to these three usages of argumentum a fortiori in law, see Maciej Koszowski, The Scope of Application of Analogical Reasoning in Statutory Law. American International Journal of Contemporary Research no. 1/2017 (v. 7), p. 28 footnote 90.
- ↑ Maciej Koszowski, The Scope of Application of Analogical Reasoning in Statutory Law. American International Journal of Contemporary Research no. 1/2017 (v. 7), pp. 28-29.
- ↑ Maciej Koszowski, Analogical Reasoning in Law, Cambridge Scholars Publishing: Newcastle 2019, pp. 177-178.
Bibliography[edit]
- Koszowski, M. (2017). The Scope of Application of Analogical Reasoning in Statutory Law. American International Journal of Contemporary Research no. 1/2017 (v. 7): 16-34.
- Koszowski, M. (2019). Analogical Reasoning in Law, Cambridge Scholars Publishing: Newcastle upon Tyne 2019, ISBN-13: 978-1-5275-2232-9, ISBN-10: 1-5275-2232-6.
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