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Legal scholarship as a source of law

Record Type:	Language materials, printed : Monograph/item
Title/Author:	Legal scholarship as a source of law/ by Fábio Perin Shecaira.
Author:	Shecaira, Fábio P.
Published:	Cham :Springer Nature Switzerland : : 2024.,
Description:	xiv, 165 p. :ill., digital ; : 24 cm.;
Contained By:	Springer Nature eBook
Subject:	Jurisprudence. -
Online resource:	https://doi.org/10.1007/978-3-031-60369-3
ISBN:	9783031603693

Legal scholarship as a source of law
Shecaira, Fábio P.

Legal scholarship as a source of law[electronic resource] /by Fábio Perin Shecaira. - Second edition. - Cham :Springer Nature Switzerland :2024. - xiv, 165 p. :ill., digital ;24 cm.

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.

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

Standard No.: 10.1007/978-3-031-60369-3doiSubjects--Topical Terms:

563740
Jurisprudence.

LC Class. No.: K235 / .S54 2024

Dewey Class. No.: 340

Legal scholarship as a source of law
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505 0 $a 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.
520 $a 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.
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650 2 4 $a Sources and Subjects of International Law, International Organizations. $3 885568
650 2 4 $a Theories of Law, Philosophy of Law, Legal History. $3 883676
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