Ratio Decidendi

Ratio Decidendi
Author: Serge Dauchy
Publisher:
Total Pages: 238
Release: 2010
Genre: Judicial opinions
ISBN: 9783428834334

Ratio decidendi is a technical legal term of art in Anglo-American jurisprudence, a concept opposed to the idea of obiter dictum. Ratio decidendi is the reason of the judge in coming to a judicial decision in a lawsuit presented to the court by the litigants for an official decision. Obiter dictum is whatever else a judge might say in passing. This concept of ratio decidendi operated very differently in the different nations of Western Europe and their former colonies at different periods of early-modern history as is demonstrated in the first volume (25/1) which was published in 2006.The second volume focuses on a specific aspect of ratio decidendi: the use by the courts of foreign law as the basis of their decisions when appropriate to the issues to be decided in a particular case brought to them by the litigants. The term foreign law refers to law that is not part of the law binding upon the court, in other words law outside the court's system of jurisprudence. Thus, one must consider what is domestic law in order to discern what is foreign to, or outside of, it. These comparative essays thus center on what law is foreign in various continental and Anglo-American legal systems from the Middle Ages until the 20th century and how it supports legal arguments and decisions.

Law, Resistance, and the State

Law, Resistance, and the State
Author: Gerald Strauss
Publisher: Princeton University Press
Total Pages: 316
Release: 2014-07-14
Genre: Political Science
ISBN: 1400854407

Gerald Strauss offers a comprehensive study of a phenomenon of great interest to scholars of early modern Europe: the widespread opposition to Roman law and lawyers in sixteenth-century Germany. Originally published in 1986. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

The Barristers of Toulouse in the Eighteenth Century (1740-1793)

The Barristers of Toulouse in the Eighteenth Century (1740-1793)
Author: Lenard Berlanstein
Publisher: JHU Press
Total Pages: 266
Release: 2019-12-01
Genre: History
ISBN: 1421430770

Originally published in 1975. Following the vein of French historiography, many twentieth-century scholars of the French Revolution believed that the middle class of lawyers played a crucial role in the Revolution. In The Barristers of Toulouse, Lenard Berlanstein contends with that notion in a case study examining the response of the Toulousian legal community to the French Revolution. Using tax rolls, marriage contracts, and court records as primary sources, Professor Berlanstein argues that class interests—such as a desire to preserve their status in the cultured, conservative urban elite—led many Toulousian judges and lawyers to reject the Revolution and to remain loyal to the aristocratic Parlement. In other words, those in the legal community of Toulouse conducted themselves in ways that were consistent with other members of their social and economic class. To supplement his argument, Berlanstein's integrates methods from the New Social History movement.