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Encyclopedia :
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Analogy |
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AnalogyAn analogy is a comparison between two different things, in order to highlight some form of similarity. Analogies are often used to explain new or complex concepts by showing the similarity between something familiar and something else. Analogy typesLinguisticsMathematicsSome types of analogies can have a precise mathematical formulation through the concept of isomorphism.. Anatomy:See also: Analogy (biology) In anatomy, two anatomical structures are considered to be analogous when they serve similar functionss but are not evolutionarily related, such as the legs of vertebrates and the legs of insects. Analogous structures are the result of convergent evolution and should be contrasted with homologous structures. LawIn law, analogy is used to resolve issues on which there is no previous authority. A distinction has to be made between analogous reasoning from written law and analogy to precedent case law. Analogies from codes and statutesIn civil law systems, where the preeminent source of law are legal codes and statutes, a lacuna arises when a specific issue is not explicitly dealt with in written law. Judges will try to identify a provision whose purpose applies to the case at hand. That process can reach a high degree of sophistication, as judges sometimes not only look at specific provision to fill lacunae (gaps), but at at several provisions (from which an underlying purpose can be inferred) or at general principles of the law to identify the legislator's value judgement from which the analogy is drawn. Analogies from precedent case lawBy contrast, in common law systems, where precedent cases are the primary source of law, analogies to codes and statutes are rare (since those are not seen as a coherent system, but as incursions into the common law). Analogies are thus usually drawn from precedent cases: The judge finds that the facts of another case are similar to the one at hand to an extent that the analogous application of the rule established in the previous case is justified. Linguistic example The United States-based SAT test formerly included "analogy" questions in the form "A is to B as C is to what?" For example: External links
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