Legal Scholarship as a Source of Law

By: Shecaira, Fábio Perin

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.

• Format: Paperback
• Language: English
• ISBN: 3031603710
• ISBN13: 9783031603716
• Release Date: July 2025
• Publisher: Springer
• Length: 165 Pages