Legal Scholarship as a Source of Law
Author:   Fábio Perin Shecaira
Publisher:   Springer International Publishing AG
Edition:   Second Edition 2024
ISBN:  

9783031603716


Pages:   165
Publication Date:   21 July 2025
Format:   Paperback
Availability:   Manufactured on demand   Availability explained
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Legal Scholarship as a Source of Law


Overview

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.  

Full Product Details

Author:   Fábio Perin Shecaira
Publisher:   Springer International Publishing AG
Imprint:   Springer International Publishing AG
Edition:   Second Edition 2024
ISBN:  

9783031603716


ISBN 10:   3031603710
Pages:   165
Publication Date:   21 July 2025
Audience:   General/trade ,  General
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand   Availability explained
We will order this item for you from a manufactured on demand supplier.

Table of Contents

Preface.- 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.

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Author Information

Fábio Perin Shecaira, Universidade Federal do Rio de Janeiro (UFRJ), Faculty of Law, Brazil

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Countries Available

All regions
Latest Reading Guide

NOV RG 20252

 

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