Ratio legis
By the ratio of the law ( Latin ratio legis ) or ratio of a norm , jurists understand the underlying main idea of a legal norm , the reason why a norm exists. The term is thus used in the sense of (reasonable) argument / motive / motive .
The ratio legis represents the aim and purpose of a legal provision which the legislature defines in the form of a legal fact ( lex ). The ratio legis is in tension with the lex . Normally, this means that unsatisfactory results are accepted in individual cases so that the control objective can be achieved in most cases.
civil right
The ratio legis is the overriding principle of interpretation and the core of the so-called teleological interpretation, which is based on the purpose of the law. This can only be recorded if the history, preambles and comments are used.
Criminal law
One speaks (from a material point of view) of a “ surplus of penalties ” if the legal offense goes beyond the actual regulatory objective . If the legal offense extends less than the ratio legis , one speaks (from a material point of view) of a punishment gap .
