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2006

Law Faculty Publications

Constitutional law

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Full-Text Articles in Legal History

Ratio Decidendi: Guiding Principles Of Judicial Decisions, Vol. 1, William Hamilton Bryson Jan 2006

Ratio Decidendi: Guiding Principles Of Judicial Decisions, Vol. 1, William Hamilton Bryson

Law Faculty Publications

Although the problem of ratio decidendi concerns the essence of law and justice, very little comparative work between the Continental and Anglo-American legal systems has been done on the topic. Legal literature often repeats that it is one of the sharpest points of contrast between the two legal cultures. As it is the purpose of the Comparative Studies in Continental and Anglo-American Legal History, we thought one would gain new insight into the problem of ratio decidendi by studying the question in a historical comparative way in order not only to understand the guiding principles of judicial decisions in the ...