Legal Scholarship as a Source of Law

• Main Author: Shecaira, Fb̀io P. (Author)
• Corporate Author: SpringerLink (Online service)
• Format: Electronic
• Language: English
• Published: Heidelberg : Springer International Publishing : Imprint: Springer, 2013.
• Series: SpringerBriefs in Law,
• Subjects: Philosophy (General).; Philosophy of law.; Philosophy.; Philosophy of Law.; Theories of Law, Philosophy of Law, Legal History.
• Online Access: https://ezaccess.library.uitm.edu.my/login?url=http://dx.doi.org/10.1007/978-3-319-00428-0

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.