Titlebook: Ratio Legis; Philosophical and Th Verena Klappstein,Maciej Dybowski Book 2018 Springer International Publishing AG, part of Springer Nature

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Legislative History, Ratio Legis, and the Concept of the Rational Legislatorofound role in the process of legal interpretation. In this context, the concept of the rational lawmaker is best understood as a set of methodological directives that govern the process of legal analysis. These rules enable the translation of ambiguous and often inconsistent texts of legal statutes

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The Concept of Purpose in , Metaphysical Elements of Justicedevelops a legal system to ensure individual rights based upon different aspects of purpose. However, one cannot understand the concept of purpose as set out in the “Metaphysical Elements of Justice” as part of “The Metaphysics of Morals” without . Doctrine of Virtue. Both are evolved in the “The Gr

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Is There an Imitative ,, and if so, How Many Are There? Psychological Perspectiveive nature. Imitative . is the purpose of the legislator that aims at an ostensible solution of a social problem. Ostensibility means absence of will on the part of the legislator to have their activity produce effects. The only thing in evidence is an intention to engender a conviction among the ad

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How Can , Help a Lawyer to Interpret a Legal Text? Employing the Purpose of a Regulation for Legal Iy and its functioning. This fact must be considered in the interpretation of legal provisions, and, consequently, an interpreter is obliged to reconstruct legal norms that allow the aim of a given regulation to be attained..., conceived of as the lawmaker’s purpose of establishing a specific regulat

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as a Binding Legal Valueelatively stable. The values ascribed to the legislator consist of three categories: legal values (legally binding values), reference values, and values of a universal character. In the perspective of a legislator’s axiological system, . may be qualified as a value, and also as a legally binding value.