Correspondence by genus uses a broader legal characteristic shared by the original and the new case even when the particular subtype differs. One example concerns concessions associated with animals frequently found among people at home.
Sharing a broad genus does not guarantee the same ruling for every animal or situation. Another text or operative characteristic may distinguish the case.
The shared legal cause and the status of relevant differences both need demonstration.
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Applying Validity Conditions and Identifying Causes in Legal Analogy
Correspondence by genus uses a broader legal characteristic shared by the original and the new case even when the particular subtype differs. One example concerns concessions associated with animals frequently found among people at home.
Sharing a broad genus does not guarantee the same ruling for every animal or situation. Another text or operative characteristic may distinguish the case.
The shared legal cause and the status of relevant differences both need demonstration.