First academic work dedicated to the theoretical problems of ratio legis
Legal practitioners globally use ratio legis in interpretation and reasoning without recourse to thorough theoretical background which is provided by our 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.