Argumentum lay non distinguente


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The legal idea referred to as argumentum lege non distinguente (taken from the sentence argumentum lege non distinguente nec nostrum est distinguere ) is understood in jurisprudence as a logical conclusion in the interpretation of laws , which allows the law in question to be imposed by analogy to apply a situation that is not expressly regulated. The prerequisite is that the law to be interpreted does not distinguish between the two facts either explicitly or according to its basic idea. A reverse conclusion ( argumentum e contrario ) then results in a prohibition of analogy .

Remarks

  1. "We are also not entitled to distinguish a reason for evidence if the law does not distinguish it."

literature