在英国法中,并非判例的任何一部分都具有拘束力。英国上诉法院法官西尔(Jessel)说:“在一个法官的判决中,作为权威拘束后来法官的惟一的那部分,就是案件据以判决的原则。”这个原则就是所谓的“判决根据”(Ratio decidendi),其余部分被称作“附论”(Ofiter In British law, not any part of the precedent is binding. The Court of Appeal in the United Kingdom, Jessel, said: “In the judgment of a judge, the only part of a judge to be restrained as an authority in the judgment of the judge is the principle on which the case is decided.” This principle is called “judgment” “(Ratio decidendi), the rest is called ” appendix "(Ofiter