书目名称 | Legal Scholarship as a Source of Law |
编辑 | Fábio Perin Shecaira |
视频video | http://file.papertrans.cn/584/583767/583767.mp4 |
概述 | Deals with conceptual, empirical, logical, and normative questions on the use of legal scholarship by judges.Illustrates the value of the Hartian framework for the purpose of analyzing specific aspect |
图书封面 |  |
描述 | .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... . |
出版日期 | Book 2024Latest edition |
关键词 | Authorativeness of sources of law; Challenging the Association; Content Independent Reason; Decline of |
版次 | 2 |
doi | https://doi.org/10.1007/978-3-031-60369-3 |
isbn_softcover | 978-3-031-60371-6 |
isbn_ebook | 978-3-031-60369-3 |
copyright | The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerl |