Ratio Legis : Philosophical and Theoretical Perspectives / edited by Verena Klappstein, Maciej Dybowski.

Format:

Book

Contributor:

Klappstein, Verena, Editor.

Dybowski, Maciej, Editor.

Language:

English

Subjects (All):

Law—Philosophy.

Law.

Political science.

Applied linguistics.

Law—History.

Theories of Law, Philosophy of Law, Legal History.

Philosophy of Law.

Applied Linguistics.

Legal History.

Local Subjects:

Theories of Law, Philosophy of Law, Legal History.

Philosophy of Law.

Applied Linguistics.

Legal History.

Physical Description:

1 online resource (X, 205 p. 113 illus., 1 illus. in color.)

Edition:

1st ed. 2018

Place of Publication:

Cham Springer International Publishing Imprint Springer 2018

Summary:

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.

Contents:

Part I – What Is Ratio Legis? The Real Ratio Legis and Where to Find It - A Few Pragmatic Considerations by Adam Dyrda

Ratio Legis as a Binding Legal Value by Marzena Kordela

Articulating Ratio Legis and Practical Reasoning by Maciej Dybowski

Legislative History, Ratio Legis and the Concept of the Rational Legislator by Michał Krotoszyński

Part II – What Can Ratio Legis Be? The concept of purpose in Kant’s Metaphysical Elements of Justice by Verena Klappstein

Nonconsequential Conception of Neutrality by Wojciech Ciszewski

Is There a Imitative Ratio Legis and If So, How Many Are There? Psychological Perspective by Teresa Chirkowska-Smolak and Marek Smolak

Part III – What Practical Implications Can Ratio Legis Have? Immanent Ratio Legis? Legal Forms and Statutory Interpretation by Konstanze von Schütz

How Can Ratio Legis Help a Lawyer to Interpret a Legal Text? Employing the Purpose of a Regulation for Legal Interpretation by Mikołaj Hermann.

ISBN:

3-319-74271-X