Details
Legal Scholarship as a Source of Law
Second Edition 2024
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80,24 € |
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| Verlag: | Springer |
| Format: | |
| Veröffentl.: | 19.07.2024 |
| ISBN/EAN: | 9783031603693 |
| Sprache: | englisch |
| Anzahl Seiten: | 180 |
Dieses eBook enthält ein Wasserzeichen.
Beschreibungen
<p>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.</p>
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<p>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.</p>
<p>Fábio Perin Shecaira, Universidade Federal do Rio de Janeiro (UFRJ), Faculty of Law, Brazil</p>
<p>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.</p>
Deals with conceptual, empirical, logical, and normative questions on the use of legal scholarship by judges Illustrates the value of the Hartian framework for the purpose of analyzing specific aspects of judicial practice Draws on lessons learned in different jurisdictions and engages with the work of both common-law and civil-law jurists
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