Shecaira, Fábio Perin. creator author. aut http://id.loc.gov/vocabulary/relators/aut SpringerLink (Online service) text sz 2024 2nd ed. 2024. monographic eng

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access XIV, 165 p. online resource. 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. 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. by Fábio Perin Shecaira. Law Philosophy International law Law History Private international law 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 K201-487 9783031603693 https://doi.org/10.1007/978-3-031-60369-3 https://doi.org/10.1007/978-3-031-60369-3 240720 20251030112638.0 978-3-031-60369-3