Ratio decidendi

Ratio decidendi ( ɹˈe͡ɪʃɪˌə͡ʊ dɪsa͡ɪdˈɛndɪ or dɪsa͡ɪdˈɛnda͡ɪ , Latin " reason for decision") or holding means the legal justification of a court decision . It includes the main reasons for the decision. The obiter dictum , what is mentioned in passing , forms the opposite .

The ratio decidendi focuses on the essential aspects of a judicial decision, which, according to Martin Kriele, are (expressly) formulated as a general abstract rule.

literature

• Bryan A. Garner : Ratio decidendi . In: Black's Law Dictionary . 11th edition. 2019.

See also

• precedent

Individual evidence

1. ↑ Martin Kriele : Basic Problems of Legal Philosophy. LIT, Münster 2004, 2nd edition, p. 32.