Legal Scholarship as a Source of La - E-book

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Legal Scholarship As A Source Of Law - ENG

Fábio Perin Shecaira

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Sinopsis

ISBN:	9783031603693
Formato:	ePub
Idioma:	Inglés
Editorial:	Springer Nature
Tema:	Derecho
Subtema:	Derecho
Año de publicación:	2024-07-19

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. Â

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