Angelo Costanzo

The precedent as a prism of the general theory of law

  • Abstract

Informations and abstract

Keywords: Judicial precedent, Subsumption, Ratio decidendi, Argument, Rules.

The contents of a judicial precedent are often closely related to the characteristic of the case that originated it. This occurs in several situations: in the absence of a rule that allows the judge to bring the case back to the one under consideration; if a principle which not transmitted by a rule is directly applicated; in the interpretation of general clauses; if rules are conflicting in a particular situation; in the identification of an illogicality according to general canons, which link with the case already established isn’t reproducible for the case where a decision has to be made.

Trova nel catalogo di Worldcat

Article first page

Article first page