Vol. 29 No. 2 (2022): The Identification of Ratio Decidendi. On Precedents and General Norms

This issue of Discussiones focuses on the theses of Álvaro Núñez Vaquero presented in the article “On the maximization of jurisprudence and precedents”. His ideas are commented on by Sandra Gómora, Luiz Guilherme Marinoni and Luca Passanante. The main point of the discussion is a specific issu regarding the use, by judges, of past judicial decisions: the implementation of institutional systems for the identification of the rationes decidendi, that is, of the general norm contained in the past decision that is relevant to the decision of future cases.