Kokemusmääräys

Kokemusmääräys refers to a legal principle or rule that prioritizes or gives precedence to experiential knowledge or established practice in certain decision-making processes or legal interpretations. This concept is particularly relevant in fields where practical application and accumulated wisdom hold significant weight, such as in professional licensing, regulatory bodies, or in the interpretation of customary law.

The core idea behind kokemusmääräys is that individuals or entities with a proven track record and deep understanding gained through direct involvement in a particular area may be considered more authoritative or their opinions more valuable than those based solely on theoretical knowledge or initial qualifications. This can manifest in various ways. For example, in the regulation of certain professions, a certain number of years of practical experience might be a prerequisite for obtaining a license or for being appointed to a senior position.

In a broader legal context, kokemusmääräys might influence how laws are applied or interpreted. When faced with ambiguity or a lack of explicit statutory guidance, courts or administrative bodies might refer to established practices or how similar situations have been handled in the past by experienced practitioners. This reliance on precedent and practical application aims to ensure consistency, fairness, and the incorporation of real-world considerations into legal and administrative outcomes. It acknowledges that sometimes, the most effective solutions and interpretations emerge from direct, hands-on experience rather than abstract principles alone.