Year: 1958
Type: article
Abstract: IN his most reccnt article' Professor Montrose raises a number of points which I shall attempt to answer as briefly as possible, following the order in which he himself raises them.He suggests that I have confused two senses in which the term r a t i o decidendi is used; these two usages both exist, and are, therefore, both " correct." Furthermore, they are separab1e.lThus, one could, according to Professor Montrose, accept one usage and discard the other, and so say, " I think the r a t i o decidendi (meaning ,the rule of law explicitly stated by the judge as the basis for his decision) of such and such a case is X, but I do not think it is binding ', or, more baldly, " I do not think .&at
Source: Modern Law Review
Author: A. W. B. Simpson
Institution: University of Oxford
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W2155819752