03179nam a22005655i 4500 978-3-031-60369-3 DE-He213 20251030112638.0 cr nn 008mamaa 240720s2024 sz | s |||| 0|eng d 9783031603693 978-3-031-60369-3 10.1007/978-3-031-60369-3 doi K201-487 LAB bicssc PHI000000 bisacsh LAB thema Shecaira, Fábio Perin. author. aut http://id.loc.gov/vocabulary/relators/aut 80908 Legal Scholarship as a Source of Law [electronic resource] / by Fábio Perin Shecaira. 2nd ed. 2024. Cham : Springer Nature Switzerland : Imprint: Springer, 2024. XIV, 165 p. online resource. text txt rdacontent computer c rdamedia online resource cr rdacarrier text file PDF rda 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. Law Philosophy. 67596 International law. 58292 Law History. 67597 Private international law. 65660 Conflict of laws. 65661 Comparative law. 65662 Philosophy of Law. 72251 Sources and Subjects of International Law, International Organizations. 67601 Theories of Law, Philosophy of Law, Legal History. 67600 Private International Law, International and Foreign Law, Comparative Law. 65667 SpringerLink (Online service) Springer Nature eBook Printed edition: 9783031603686 Printed edition: 9783031603709 Printed edition: 9783031603716 https://doi.org/10.1007/978-3-031-60369-3 ZDB-2-LCR ZDB-2-SXLC 61750 61750