Ratio Decidendi: Guiding Principles of Judicial Decisions, Vol. 1

William Hamilton Bryson, University of Richmond

Co-edited by Serge Dauchy


Although the problem of ratio decidendi concerns the essence of law and justice, very little comparative work between the Continental and Anglo-American legal systems has been done on the topic. Legal literature often repeats that it is one of the sharpest points of contrast between the two legal cultures. As it is the purpose of the Comparative Studies in Continental and Anglo-American Legal History, we thought one would gain new insight into the problem of ratio decidendi by studying the question in a historical comparative way in order not only to understand the guiding principles of judicial decisions in the Continental and the Anglo-American legal systems but also to search in their legal history why both systems have known separate evolutions.