Ratio juris and"Legal Doctrine":Mixed Use and Its Clarification
In previous research,there has been an obvious confusion regarding the use of the concepts ratio juris and"legal doctrine."Firstly,they are often treated as the same,specifically:when defining the concept of ratio juris,it is actually understood as legal doctrine,or when defining legal doctrine,it is confused with ratio juris.Additionally,when defining both ratio juris and legal doctrine together,they are given very similar interpretations.Secondly,some researchers consider ratio juris to encompass legal doctrine.Moreover,there are also instances of confusion between the two concepts in judicial decisions.The conflation of ratio juris and"legal doctrine"has become a common usage habit in legal research and practices,which is,in fact,abnormal.This terminological confusion has brought unnecessary difficulties to legal research and communication,and its harm is evident.Although there are many similarities between ratio juris and"legal doctrine,"such as both being products of scholarly research and having similar research methods and functions,these similarities do not justify confusing them.In fact,ratio juris and"legal doctrine"are fundamentally different from each other in terms of their basic implications,forms of expression or carriers,subjective and objective attributes,and the status of related legal sources.The differences between them are clear.In its basic implication,ratio juris is a comprehensive and abstract concept that embodies the deep-level,universal principles with originality,fundamentality,and rationale behind law and legal theory.In contrast,legal doctrine reflects the viewpoints and research results of legal scholars.In terms of forms of expression or carriers,ratio juris is extremely diverse,and the carriers of legal doctrine are also varied.However,compared to the more abstract and comprehensive nature of ratio juris,there are still differences in degree.Ratio juris has objectivity and certainty,while legal doctrine has subjectivity and uncertainty.As a source of law,legal doctrine has persuasiveness in judicial application,while ratio juris,as a source of law,originates from its inherent rationality and legitimacy,embodying a kind of ultimate authority.These are two completely different legal concepts.At the same time,there are some connections between these two concepts:from the perspective of legal history,ratio juris and legal doctrine"have the same root and origin."Legal doctrine is one of the carriers of ratio juris,and ratio juris is often embodied in legal doctrine.Ratio juris is more abstract and often needs to be concretized through legal doctrines.Legal doctrine is confirmatory and need to be identified and tested by ratio juris in research.Moreover,legal doctrine is constantly transcending itself,thus infinitely approaching ratio juris.Therefore,in legal research and practices,it is necessary to have a comprehensive understanding of the differences and connections between these two legal concepts.They should be used rigorously and not be treated in a generalized manner based on superficial similarities or assumptions.
NETL
NSTL
万方数据
