Debates of definitions have always been part of legal life, and some reoccur with greater frequency than others. Every now and then, a perspective arises which transforms the orthodoxy. As such is the case with the notion of precedent. Outlining its contours means establishing a continuity between disparate and temporally distinct traditions. It requires theoretical-philosophical speculation, historical-comparative sense, and attention to the particularities of Brazilian Law. The ratio is a challenging concept to demarcate. But it is not simply a matter of taste, although the possession of a refined palate certainly helps. If it had a flavour, I could not say it is that of an aged cheese, say a grana or a cheddar, but nor would it be akin to a mint tea or mojito. It is a concept that alludes a precise and unquestioned definition.

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Ratio Decidendi

  • Daniel Mitidiero

摘要

Debates of definitions have always been part of legal life, and some reoccur with greater frequency than others. Every now and then, a perspective arises which transforms the orthodoxy. As such is the case with the notion of precedent. Outlining its contours means establishing a continuity between disparate and temporally distinct traditions. It requires theoretical-philosophical speculation, historical-comparative sense, and attention to the particularities of Brazilian Law. The ratio is a challenging concept to demarcate. But it is not simply a matter of taste, although the possession of a refined palate certainly helps. If it had a flavour, I could not say it is that of an aged cheese, say a grana or a cheddar, but nor would it be akin to a mint tea or mojito. It is a concept that alludes a precise and unquestioned definition.