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Legal Scholarship as a Source of Law 2nd ed (eBook)


ISBN13: 9783031603693
Published: July 2024
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: eBook (ePub)
Price: £64.99
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This book offers a philosophical analysis of the role played by legal scholarship in the written judicial decisions of different Western legal systems.

Based on a positivist (and, more specifically, Hartian) theory of law, the book discusses the concept of a source of law and the possibility of including within that concept the writings of legal scholars. It also discusses the concept of authority and the structure of authority-based arguments, such as those that judges often employ when referring to legal scholarship in their judgments.

Subjects:
Jurisprudence, eBooks
Contents:
Part I: The Main Argument
1. Introduction.- 2 What Is a Source of Law?.- 3 Sources and Reasons.- 4 Legal Scholarship as a Source of Law.- 5 Formalism and the Use of Legal Scholarship.- 6 Normative Questions.- 7. Taking Stock

Part II: Developments
8. Sources of Law are not Legal Norms.- 9. Legal Arguments from Scholarly Authority.- 10. Legal Scholarship as the Subject Matter of Jurisprudence.- 11. Legal Sciences and Its Role in Legal Reasoning

12. Concluding Thoguhts: Anatomy, Self-containment, and self-sufficiency