Contribution to Book
Roman law and ratio decidendi in Spanish Colonial law, 16th through the 19th centuriesRatio Decidendi: guiding principles of judicial decisions (2010)
AbstractTo a lawyer, that part of the decision which is binding and is to be followed is called ratio decidendi. However, judges do not solemnly set out the ratio decidendi of a case. The belief that we can abstract the reason or rationale for a decision from the facts of a case, or extract any coherent ratio decidendi from a line of cases, is false and mistaken. The holding of a case is inseparable from its report of the facts, with a decision. Otherwise precedent should more accurately be referred to as stare rationibus decidendi. We stand by our decisions and do not move that which is quiet because we treat factually similar cases alike. To be legitimate law, and not judicial fiat or usurpation of the legislative function, case law must remain narrowly fact-specific.
Publication DateNovember, 2010
EditorSerge Dauchy et al.
PublisherDunker & Humblot
Citation InformationJuan Javier del Granado and Alejandro Mayagoitia. "Roman law and ratio decidendi in Spanish Colonial law, 16th through the 19th centuries" BerlinRatio Decidendi: guiding principles of judicial decisions Vol. 2 (2010)
Available at: http://works.bepress.com/juan_javier_del_granado/33/