RATIO DECIDENDI END THE SCIENCE OF LAW
RATIO DECIDENDI END THE SCIENCE OF LAW
Author(s): Andreea Rîpeanu, Maria-Irina Grigore-RadulescuSubject(s): Law, Constitution, Jurisprudence, Philosophy of Law, Sociology of Law, Court case
Published by: C.H. Beck Publishing House - Romania
Keywords: The jurist; jurisprudence; source of law; legal practice; science of the law;
Summary/Abstract: The jurist has the task to analyze a court decision in order to draft a general norm (ratio decidendi and obiter dictum). According to the definition of R. Cross, ratio decidendi (motivation of the court decision) represents a legal norm directly or indirectly examined by the judge, as a necessary step in drafting a conclusion corresponding to the arguments prior adopted by him.
Journal: Studii Juridice şi Administrative
- Issue Year: 25/2021
- Issue No: 2
- Page Range: 61-77
- Page Count: 17
- Language: English