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Legal Scholarship as a Source of Law / by Fábio Perin Shecaira.
Springer Nature - Springer Law and Criminology eBooks 2024 English International Available online
View online- Format:
- Book
- Author/Creator:
- Shecaira, Fábio Perin.
- Language:
- English
- Subjects (All):
- Law--Philosophy.
- Law.
- International law.
- Law--History.
- Conflict of laws.
- Comparative law.
- Philosophy of Law.
- Sources and Subjects of International Law, International Organizations.
- Theories of Law, Philosophy of Law, Legal History.
- Private International Law, International and Foreign Law, Comparative Law.
- Local Subjects:
- Philosophy of Law.
- Sources and Subjects of International Law, International Organizations.
- Theories of Law, Philosophy of Law, Legal History.
- Private International Law, International and Foreign Law, Comparative Law.
- Physical Description:
- 1 online resource (168 pages)
- Edition:
- 2nd ed. 2024.
- Place of Publication:
- Cham : Springer Nature Switzerland : Imprint: Springer, 2024.
- Summary:
- 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.
- Contents:
- 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.
- Other Format:
- Print version: Shecaira, Fábio Perin Legal Scholarship As a Source of Law
- ISBN:
- 9783031603693
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