Legal Definitions - idem per idem

Idem per idem is a Latin phrase that translates to "the same for the same."

In legal and general discourse, this term refers to an explanation or argument that fails to provide any new information, clarification, or deeper insight into the matter being discussed. Instead, it merely restates the original point or question in different words, offering a circular explanation that does not advance understanding.

Here are some examples to illustrate this concept:

• Legal Argument: Imagine a lawyer arguing in court that a particular clause in a contract is unenforceable "because it lacks enforceability under the law."

  This is an example of idem per idem because the lawyer has not explained *why* the clause lacks enforceability (e.g., due to vagueness, illegality, or a missing essential element). Instead, they have simply restated that it is unenforceable, offering no substantive reason or legal principle to support their claim.

• Business Explanation: Consider a company executive explaining a recent drop in market share by stating, "Our market share has decreased because we now hold a smaller portion of the overall market."

  This statement is an idem per idem explanation. It merely rephrases the fact that market share has decreased without providing any underlying causes, such as increased competition, a decline in product demand, or ineffective marketing strategies, which would be necessary for a meaningful explanation.

• General Discussion: A person is asked why a particular piece of art is considered beautiful, and they respond, "It's beautiful because it possesses qualities of beauty."

  This response exemplifies idem per idem. It doesn't delve into specific aesthetic principles, artistic techniques, cultural significance, or emotional impact that contribute to its beauty. It simply asserts that it is beautiful because it has beauty, offering no analytical or descriptive insight.