A maiore ad minus

The conclusion of " argumentum a maiore ad minus " marks in logic known and simple circuits in particular

  • From the general to the particular and from more to a less ( " What is true for all, also applies to an " or " Holds a canister ten gallons of gasoline, he also holds three liters " ),
  • From the larger to the smaller ( "Is a door big enough for a two-meter man, even a smaller person can go through upright " ),
  • From the stronger to the weaker ( " A tow rope for a two- ton truck also pulls a small car ").

In legal methodology identifies the " argumentum a maiore ad minus " the conclusion from the larger to the smaller one, of a more extensive control to a less conditions requiring case. As a result, the legal consequence of a rule for the less extensive fact is affirmed.

The opposite conclusion " argumentum a minore ad majus " is also possible. It is in both cases an initial legal conclusion, also called argumentum a fortiori.

Example

Example of an argumentum a maiore ad minus:

If even the entire will may be revoked in accordance with § 2255 of the Civil Code by destruction or alteration, then that is certainly possible for parts of it.

Legal methods criticism

The legal methods criticism has long recognized that an uncritical application of the argumentum a maiori ad minus may lead to incorrect results.

Has anyone, for example, the right to drive goods vehicles over the land of his neighbor ( right of way ), this does by no means that he is allowed to use the road with his car. What is decisive is whether the major premise of the standard, in this case the right of way for trucks, plan unconstitutional is patchy. This standard scope needs in detail the interpretation with the help of recognized legal methods of interpretation. If, then, that the wording of the rule is unconstitutional plan patchy in fact, the gap by closing from the general to the partial validity ( " teleological " ) can be closed.

The term argumentum a maiori ad minus thereby identifying only a legal balancing process in dealing with incomplete plan retardant formulations. Typically, these gaps are perceived as obvious as that usually exist against the result of the weighing process, no concerns. Federal or state laws have such gaps on only occasionally, such as when they were decided under time pressure. The main field of application of the argumentum with a maiore ad minus circumscribed consideration process is consequently less the art of statutory interpretation as the everyday legal handling of incomplete contractual provisions, statutes, regulations or administrative acts.

Others

  • Latin in the right

Swell

  • Legal language
  • Latin phrase
  • Methodology of Law
A minore ad maius A fortiori argument Right-of-way
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