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Legal Scholarship as a Source of Law 2nd Edition

Legal Scholarship as a Source of Law 2nd Edition

Name: Legal Scholarship as a Source of Law 2nd Edition
Brand: Springer-Verlag
SKU: 9783031603686
Price: 1329.00 HKD
Availability: InStock
Author: Fabio Perin Shecaira
ISBN: 9783031603686

By Fabio Perin Shecaira

Springer-Verlag July 2024

Specifications

ISBN-13: 9783031603686
Publisher: Springer-Verlag
Publication: July 2024
Format: Paperback
Jurisdiction: Switzerland ? Countri(es) for reference only

Details

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.

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