Fábio Perin Shecaira

Legal Scholarship as a Source of Law (eBook, PDF)

• Format: PDF

Produktbeschreibung

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.

Produktdetails

• Verlag: Springer Nature Switzerland
• Seitenzahl: 168
• Erscheinungstermin: 19. Juli 2024
• Englisch
• ISBN-13: 9783031603693
• Artikelnr.: 71292776

Autorenporträt

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

Inhaltsangabe

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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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.