Argumentum a contrario

The reverse (Latin argumentum e contrario: contrario implication ) is a legal method for the interpretation of a rule; the opposite conclusion is usually drawn with the help of the logical contrapositive of a different legal standard.

From an apparently planned loophole is concluded that the unregulated state of affairs should not be regulated by analogy with the legal consequence of an existing standard. The planned awareness of the loophole can be seen through interpretation. You can for example result from the parliamentary contributions from the time of creation or from laws that the legislature determined, has governed very specific cases of a major topic, others, obviously coming in question is not.

Example

§ 248b German Criminal Code ( StGB) provides, for example, the unauthorized " borrowing " and subsequent reset or enter a vehicle ( car, bicycle) explicitly criminalized. It follows from teleological reasons - who initially nothing to do with the argumentum e contrario - that they use arrogance (Latin furtum usus ) lack Zueignungsabsicht no theft within the meaning of § 242 may be of the Penal Code, otherwise would run the offense of unauthorized use of a vehicle empty because this behavior is punishable even as a theft.

The legislature has clearly seen the problem of the use presumption.

This in turn can be derived by way of an argumentum e contrario, that the use presumption is no penalty in all the cases where it is not about cars. Thus, for example, is the absence of relevant facts not a criminal arrogance before use if someone a CD is removed without his knowledge, it belongs to him and is secretly traveled back two days later and this was intended from the outset so. However, for the above reasons, this teleological behavior is also not punishable as theft. ( Incidentally, this example only serves to illustrate that impunity is clear from the principle " no punishment without law " and the analogy ban, normalized in § 1 of the Criminal Code and the Article 103 § 2 of the Basic Law, and not only from the argumentum e contrario. )

Application in various fields of law

In criminal law, there is in this respect an analogy ban, that is, a statutory scheme must not equal to a stored, but the wording of the law did not include facts are applied accordingly. In contrast, however, the civil law. There is the possibility of analogy. If, for example, in front of a butcher shop sign " Dogs are not allowed ", then this rule according to their purpose (hygiene ) is also leopards and cats applicable by analogy. Nevertheless, there is also in civil law is a legal conclusion by an argumentum e contrario. However, it is the purpose of the scheme to first determine by a teleological interpretation. The sign says so "dog without a muzzle do not have access ," said Dogs are allowed muzzled in reverse.

The final way was " exceptio probat regulam ( in casibus non exceptis ) " summarized in the Latin mnemonic whose shortened form of German " the exception proves the rule" is now often used incorrectly.