Titlebook: Legal Scholarship as a Source of Law; Fábio P. Shecaira Book 20131st edition The Editor(s) (if applicable) and The Author(s), under exclus

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2192-855X tive and, in so doing, attempts to illustrate the usefulness.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

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reject

What is a Source of Law?,es with a caveat regarding some of the perils involved in taking judicial discourse at face value. To treat something as a source of law is to systematically approach it with a certain normative attitude. One expects to see that attitude manifested in public judicial discourse; but judicial discourse can also mislead if read superficially.

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Formalism and the Use of Legal Scholarship,dge’s last resort. Scholarship may be used to mitigate the impression that a judge is exercising discretion or relying on personal judgment. It follows that formalist judges have little reason to avoid scholarship; indeed they can use it (and indeed have used it) in their favor.

neutralize

Normative Questions,use it. Examples are given of judicial decisions in which judges cite to scholarship in a way that suggests that it is serving to mitigate discretion when in fact it is not. The point is that this type of judicial decision exhibits an unjustified lack of sincerity.

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ompanies to reduce enterprise output rate or failure. The purpose of this research is to help explain how the government through professional associations may increase the know how of entrepreneurs or managers of new enterprises. Of the cases studied we have learned that starting a business is a dif

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Fábio Shecairaarrollo de la Ingeniería de Organización/ Industrial Engineers Association (ADINGOR). The aim of CIO is to establish a forum for the open and free exchange of ideas, opinions and academic experiences about research, technology transfer or successful business experiences in the field of Industrial En

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