Legal Scholarship as a Source of Law

• Main Author: Shecaira, Fábio P. (Author)
• Corporate Author: SpringerLink (Online service)
• Format: Electronic eBook
• Language: English
• Published: Heidelberg : Springer International Publishing : Imprint: Springer, 2013.
• Series: SpringerBriefs in Law,
• Subjects: Philosophy.; Political science.; Law > Philosophy.; Law.; Philosophy of Law.; Theories of Law, Philosophy of Law, Legal History.

This book is about the use of legal scholarship by judges. It discusses the possibility that legal scholarship may function as a genuine source of law in modern municipal legal systems. The book advances a number of claims, some conceptual, some empirical, some normative. The major conceptual claims...

Table of Contents:

• Acknowledgements
• Foreword
• 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  Conclusion.