Editors:
- First academic work dedicated to the theoretical problems of ratio legis
- Examines what ratio legis is, what it could be, and its practical implications
- Legal practitioners globally use ratio legis in interpretation and reasoning without recourse to thorough theoretical background which is provided by our book
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Table of contents (9 chapters)
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Front Matter
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What Practical Implications Can Ratio Legis Have?
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Front Matter
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About this book
The book is dedicated to the theoretical problems concerning ratio legis. In the contexts of legal interpretation and legal reasoning, the two most important intellectual tools employed by lawyers, ratio legis would seem to offer an extremely powerful argument. Declaring the ratio legis of a statute can lead to a u-turn argumentation throughout the lifespan of the statute itself – in parliament, or in practice during court sessions, when it is tested against the constitution.
Though the ratio legis argument is widely used, much about it warrants further investigation. On the general philosophical map there are many overlapping areas that concern different approaches to human rationality and to the problems of practical reasoning. Particular problems with ratio legis arise in connection with different perspectives on legal philosophy and theory, especially in terms of the methods that lawyers use for legal interpretation and argumentation. These problems can be further subdivided into particular aspects of activities undertaken by lawyers and officials who use the ratio legis in their work, and the underlying theories. In short, this book examines what ratio legis is, what it could be, and its practical implications.
Keywords
Editors and Affiliations
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Faculty of Law, Department for German and European Private Law, Civil Procedural Law, and Legal Theory of Prof. Dr. Thomas Riehm, University of Passau, Passau, Germany
Verena Klappstein
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Department of Legal Theory and Philosophy, Adam Mickiewicz University in Poznań, Poznań, Poland
Maciej Dybowski
About the editors
Dr Maciej Dybowski is a lawyer and a philosopher, working as an assistant professor at the Chair of Theory and Philosophy of Law, Faculty of Law and Administration, Adam Mickiewicz University in Poznań, Poland. His main fields of research include philosophy of law, neopragmatism, law and language, philosophy of human rights.
Bibliographic Information
Book Title: Ratio Legis
Book Subtitle: Philosophical and Theoretical Perspectives
Editors: Verena Klappstein, Maciej Dybowski
DOI: https://doi.org/10.1007/978-3-319-74271-7
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer International Publishing AG, part of Springer Nature 2018
Hardcover ISBN: 978-3-319-74270-0Published: 14 May 2018
Softcover ISBN: 978-3-030-08951-1Published: 12 January 2019
eBook ISBN: 978-3-319-74271-7Published: 02 May 2018
Edition Number: 1
Number of Pages: X, 205
Number of Illustrations: 112 b/w illustrations, 1 illustrations in colour
Topics: Theories of Law, Philosophy of Law, Legal History, Philosophy of Law, Applied Linguistics, Legal History