Konstanze Von Schütz

The chapter explores the idea of an “immanent” ratio legis and assesses possible impacts of this conception for statutory interpretation. It asks if and how it is possible to extend a view of law as immanently rational to the understanding of ratio legis in the context of statutory interpretation, and tries to establish the outline of a method of interpretation responding to the specific requirements and challenges presented by an “immanent” ratio legis.I begin by an exploration of the notion of ratio legis as it can be commonly encountered in statutory interpretation. I retrace the grounding of the prevalent interpretive methodology and show how it is based on a view of purpose and rationality as extrinsic to law.I then introduce the idea of law as immanently rational as it is put forward by the Formalist theory developed in the work of Ernest J. Weinrib. An account of his Formalist approach to law focusing on legal forms, coherence, law’s immanent rationality, and immanent intelligibility will provide the necessary basis for further assessment of the impact of an “immanent” ratio legis on interpreting posited norms.In a final step, I then try to apply this account of Legal Formalism to the interpretation of positive law, and tentatively sketch out an interpretive methodology in line with the theory. I will highlight its potential but equally point out some of the challenges that such an approach might face.