Ratio Legis

Name: Ratio Legis
Brand: Springer Nature
SKU: 9783319742717
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Product Details

Brand

Springer Nature

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N/A

Part Number

GTIN

9783319742717

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New

Product Description

The book isdedicated to the theoretical problems concerning ratio legis. In the contexts of legal interpretation and legalreasoning, the two most importantintellectual tools employed by lawyers,ratiolegiswould seem to offer anextremelypowerful argument. Declaring theratiolegisof a statute can lead toa u-turn argumentation throughout the lifespan ofthe statute itself inparliament, or in practice during court sessions, when it is tested againstthe constitution. Though the ratiolegisargument is widely used, muchabout it warrants further investigation. On the general philosophical map thereare many overlapping areas that concern different approaches to humanrationality and to the problems of practicalreasoning. Particular problemswithratiolegisarise in connection with different perspectives on legalphilosophy and theory,especially in terms of the methods that lawyers use for legal interpretation and argumentation. These problems can be further subdivided into particularaspects of activities undertaken bylawyers and officials who usetheratiolegisin their work, and the underlying theories. In short, this book examines whatratiolegisis, what it could be, andits practical implications.

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