Argumentum lay non distinguente
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
- ↑ "We are also not entitled to distinguish a reason for evidence if the law does not distinguish it."
literature
- Theo Mayer-Maly , Hans Carl Nipperdey : Risk distribution in companies indirectly affected by lawful labor disputes . Mohr, Tübingen 1965, ( Law and State in Past and Present 304/305), p. 26
- Carl Creifelds: Legal Dictionary . 21st edition 2014. ISBN 978-3-406-63871-8
