Legal Scholarship as a Source of Law

Legal Scholarship as a Source of Law

by Fábio Perin Shecaira
Epub (Kobo), Epub (Adobe)
Publication Date: 19/07/2024

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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.

ISBN:
9783031603693
9783031603693
Category:
Philosophy
Format:
Epub (Kobo), Epub (Adobe)
Publication Date:
19-07-2024
Language:
English
Publisher:
Springer Nature Switzerland

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