  The empirical Bath's law states that the average difference in magnitude
between a mainshock and its largest aftershock is 1.2, regardless of the
mainshock magnitude. Following Vere-Jones [1969] and Console et al. [2003], we
show that the origin of Bath's law is to be found in the selection procedure
used to define mainshocks and aftershocks rather than in any difference in the
mechanisms controlling the magnitude of the mainshock and of the aftershocks.
We use the ETAS model of seismicity, which provides a more realistic model of
aftershocks, based on (i) a universal Gutenberg-Richter (GR) law for all
earthquakes, and on (ii) the increase of the number of aftershocks with the
mainshock magnitude. Using numerical simulations of the ETAS model, we show
that this model is in good agreement with Bath's law in a certain range of the
model parameters.
