Define: Ratio Scripta

Ratio Scripta refers to the Latin term used in legal contexts, which translates to “written reason.” It signifies the principle that legal decisions should be based on written laws and precedents rather than arbitrary judgments.

Ratio Scripta ensures that legal decisions are made based on established laws and precedents, promoting consistency and fairness in the legal system. It prevents judges from making arbitrary decisions and encourages them to provide written explanations for their rulings.

While Ratio Scripta is a fundamental principle in legal systems, there may be exceptional circumstances where judges can deviate from it. For instance, in cases involving novel legal issues or where existing laws are deemed unconstitutional, judges may have to rely on their discretion to make decisions.

Yes, Ratio Scripta applies to all areas of law, including criminal, civil, and administrative law. It ensures that legal decisions are based on established legal principles and precedents rather than personal biases or arbitrary judgments.

Stare decisis is a legal doctrine that requires courts to follow established precedents when deciding similar cases. Ratio Scripta complements stare decisis by emphasizing the importance of written laws and precedents as the basis for legal decisions.

While Ratio Scripta itself cannot be directly challenged in court, individuals can challenge specific legal decisions if they believe that the judge did not adequately apply the principle. They can argue that the judge’s decision was arbitrary or lacked proper reasoning based on written laws and precedents.

One potential disadvantage of strictly adhering to Ratio Scripta is that it may limit judicial discretion in certain cases. Some argue that judges should have the flexibility to adapt the law to changing societal needs, which may require departing from strict adherence to written laws and precedents.

Ratio Scripta focuses on the importance of written laws and precedents, while natural law emphasizes the existence of universal moral principles that should guide legal decisions. While both concepts influence legal systems, they have different foundations and implications.

Ratio Scripta is primarily associated with domestic legal systems, but the principle of relying on written laws and precedents also applies to international law. International treaties, conventions, and customary practices serve as the written basis for legal decisions in the international arena.

Ratio Scripta, as a principle, can evolve and be modified over time to adapt to changing legal and societal contexts. Legal systems often undergo reforms and amendments to ensure that written laws and precedents remain relevant and reflective of contemporary values and needs.