Ratio Legis Philosophical and Theoretical Perspectives
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
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tio Legis Philosophical and Theoretical Perspectives
Ratio Legis
Verena Klappstein • Maciej Dybowski Editors
Ratio Legis Philosophical and Theoretical Perspectives
Editors Verena Klappstein Faculty of Law, Department for German and European Private Law, Civil Procedural Law, and Legal Theory of Prof. Dr. Thomas Riehm University of Passau Passau, Germany
Maciej Dybowski Department of Legal Theory and Philosophy Adam Mickiewicz University in Poznań Poznań, Poland
ISBN 978-3-319-74270-0 ISBN 978-3-319-74271-7 https://doi.org/10.1007/978-3-319-74271-7
(eBook)
Library of Congress Control Number: 2018937404 © Springer International Publishing AG, part of Springer Nature 2018 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Printed on acid-free paper This Springer imprint is published by the registered company Springer International Publishing AG part of Springer Nature. The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
Introduction
During the XXVIII World Congress of the IVR in Lisbon, 16–21 July 2017, with the theme ‘Peace Based on Human Rights’, a special workshop was held with the title ‘Is There a Ratio Legis and if So, How Many Are There? – The Most Powerful Method of Legal Reasoning Uncovered’. If you are German speaking, you will know that the title is inspired by Richard David Precht’s well-known book Wer bin ich und wenn ja wie viele (Who am I, and if so, how many). In fact, ratio legis is such a kaleidoscope of different meanings and aspects of possible research topics, such as reason and rationality, legal interpretation and argumentation, as well as legistics and legislation. Within the method of legal interpretation and legal reasoning, both being the most important of intellectual tools deployed by lawyers, ratio legis seems to be an extremely powerful argument. Declaring the ratio legis of a statute can lead to a U-tu
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