rdf-syntax-grammar
mods:
  schema location: http://www.loc.gov/mods/v3 http://www.loc.gov/standards/mods/v3/mods-3-2.xsd
  title info:
    title: Ratio Legis
    sub title: Philosophical and Theoretical Perspectives
  name:
    name part: Klappstein, Verena.
    role:
      role term: editor.
    role:
      role term: edt
    role:
      role term: http://id.loc.gov/vocabulary/relators/edt
  name:
    name part: Dybowski, Maciej.
    role:
      role term: editor.
    role:
      role term: edt
    role:
      role term: http://id.loc.gov/vocabulary/relators/edt
  name:
    name part: SpringerLink (Online service)
  type of resource: text
  origin info:
    place:
      place term: gw
    date issued: 2018
    edition: 1st ed. 2018.
    issuance: monographic
  language:
    language term: eng
  physical description:
    form: electronic
    form: electronic resource
    reformatting quality: access
    form: remote
    extent: X, 205 p. 113 illus., 1 illus. in color. online resource.
  abstract: 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.
  table of 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.
  note: edited by Verena Klappstein, Maciej Dybowski.
  subject:
    topic: Law-Philosophy
  subject:
    topic: Law
  subject:
    topic: Political science
  subject:
    topic: Applied linguistics
  subject:
    topic: Law-History
  subject:
    topic: Theories of Law, Philosophy of Law, Legal History
  subject:
    topic: Philosophy of Law
  subject:
    topic: Applied Linguistics
  subject:
    topic: Legal History
  classification: K201-487
  classification: B65
  classification: 340.1
  related item:
    title info:
      title: Springer eBooks
  identifier: 9783319742717
  identifier: https://doi.org/10.1007/978-3-319-74271-7
  record info:
    record creation date: 180502
    record change date: 20191026222804.0
    record identifier: 978-3-319-74271-7