LessonsArgument Without New Proof: Absence of a Cause and Presumption of ContinuityQuiz

الاستدلال بعدم العلة على عدم الحكم
To argue that a ruling is absent because its cause is absent.

For example, someone may say that a ruling does not apply because the reason ordinarily cited for it is missing. The crucial question is whether this is the only legally recognized cause of that ruling.

If more than one cause can establish the ruling, absence of one cause does not eliminate every possible basis. Treating the failure of a particular cause as proof of universal absence is a logical and jurisprudential error.

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Inferring absence of a ruling from an absent cause

Argument Without New Proof: Absence of a Cause and Presumption of Continuity

الاستدلال بعدم العلة على عدم الحكم
To argue that a ruling is absent because its cause is absent.

For example, someone may say that a ruling does not apply because the reason ordinarily cited for it is missing. The crucial question is whether this is the only legally recognized cause of that ruling.

If more than one cause can establish the ruling, absence of one cause does not eliminate every possible basis. Treating the failure of a particular cause as proof of universal absence is a logical and jurisprudential error.