Argumentum a minori ad maius
The conclusion argumentum a minori ad maius marks the conclusion from the smaller to the larger in legal methodology : The more extensive regulation is contained in a more narrowly defined rule arrangement (typically a prohibition order).
The opposite and more generally known conclusion argumentum a maiore ad minus is also possible and usually takes up more space in methodological presentations of the two conclusions; the importance of the argumentum a maiori ad minus is much greater in jurisprudence. Both are applications of the first right inference, also called argumentum a fortiori .
example
Examples of an argumentum a minori ad maius:
- "If it is forbidden to ride a bike in pairs, it is even more forbidden to ride a bike with three people."
- "If fraudulent property damage of 50,000.00 EUR can be punishable as particularly serious fraud according to a court judgment, this applies even more to greater damage."
- On § 622 BGB : "If a four-week notice period is permissible for the termination to an employee, a termination with a three-month notice period is even more permissible."
Others
swell
- ↑ Cf. Egon Schneider (founder), Friedrich Eberhard Schnapp : Logic for lawyers. The basics of thought theory and the application of law . 6th, revised and expanded edition. Vahlen, Munich 2006, ISBN 3-8006-2997-6 , § 36.