RATIO DECIDENDI AND RULES OF LAW

Authors

  • R N GOODERSON

Abstract

The orthodox view of the ratio decidendi is defined as the courts’ application of the rule of law to the facts of a case in order to determine the issues and come to a decision. The author examines the following four reasons for rejecting the claim that the ratio decidendi is found in the proposition of law formulated by the judge: 1) there may be no rule of law set down in the opinion; 2) the rule may be too wide; 3) it may be too narrow; or 4) in appellate courts, the rules of law set forth by different judges may have no relation to each other.

Keywords:

Ratio Decidendi

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Published

1952-11-01

Issue

Section

Legal Commentary