Ratio Legis Philosophical and Theoretical Perspectives [Hardcover]

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.

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 MilÃ+