LGLS 1000U Study Guide - Midterm Guide: Ratio Decidendi, Precedent, Legal Positivism
Stare decisis: Precedent - based on similar facts
Principle in common law that requires lower courts to follow decisions of higher courts
Ratio decidendi: reasons for courts decision latin for “the reason” (binding)
Obiter dicta: “other things” said in a given decision (persuasive)
Systems of Law:
○ Chthonic Legal Tradition:
■ Centered around the earth and natural world
■ Communal process, with no singular authority
○ Civil Law System:
■ Rules developed from abstract principle reflected in code
■ Codes aim to create a regulatory framework for a given area of law
■ Roman Emperor Justinian codified law in sixth century CE
○ Common Law System:
■ Reliance on judicial decisions as the primary method of law creation
■ Judges gradually departed from applying local custom and developed common
rules.
■ Precedent - a seventeenth century concept
Legal theories:
● Natural law theory
○ Legal systems are approximates of natural law
○ Law must have merit to be true, merit is measured according to the
moral
○ Natural law is grounded in the God, or rationality
● Legal positivism
○ Interpret law for what it is, not what it ought to be
○ Law is nothing more than what it is declared, proclaimed, written
○ External merit not part of evaluation, evaluate law according to validity
- system coherence
○ Validity:
■ follow/apply legal principle
■ Trace law back to constitutional framework
● Critical legal theory
○ Hard cases aren’t straightforward - legal principles can be myriad and
competing
○ Non-legal, non natural factors can influence legal decision making
○ Evaluate law, understand how law is made, according to perspective
of the marginalized
Principle of Responsible Government:
● A given government can remain in power only as long as it enjoys the support of the
legislature.
Document Summary
Stare decisis: precedent - based on similar facts. Principle in common law that requires lower courts to follow decisions of higher courts. Ratio decidendi: reasons for courts decision latin for the reason (binding) Obiter dicta: other things said in a given decision (persuasive) Centered around the earth and natural world. Rules developed from abstract principle reflected in code. Codes aim to create a regulatory framework for a given area of law. Roman emperor justinian codified law in sixth century ce. Reliance on judicial decisions as the primary method of law creation. Judges gradually departed from applying local custom and developed common rules. Legal systems are approximates of natural law. Law must have merit to be true, merit is measured according to the moral. Natural law is grounded in the god, or rationality. Interpret law for what it is, not what it ought to be. Law is nothing more than what it is declared, proclaimed, written.
