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Books > Language & Literature > Literary & linguistic reference works
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Ratio Legis - Philosophical and Theoretical Perspectives (Hardcover, 1st ed. 2018)
Loot Price: R3,996
Discovery Miles 39 960
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Ratio Legis - Philosophical and Theoretical Perspectives (Hardcover, 1st ed. 2018)
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Total price: R4,016
Discovery Miles: 40 160
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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.
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