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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Fábio Shecairad beverages, and the tanning of hides and skins to produce leather for garments, serendipitously took advantage of enzyme activities. Important advances in our understanding of the nature of enzymes and their action were made in the late 19.th. and early 20.th. centuries, seeding the explosive expan

Militia

Fábio Shecairad beverages, and the tanning of hides and skins to produce leather for garments, serendipitously took advantage of enzyme activities. Important advances in our understanding of the nature of enzymes and their action were made in the late 19.th. and early 20.th. centuries, seeding the explosive expan

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Fábio Shecairaes.Man‘s use of enzymes dates back to the earliest times of civilization. Important human activities such as the production of certain types of foods and beverages, and the tanning of hides and skins to produce leather for garments, serendipitously took advantage of enzyme activities. Important adva

思乡病

Fábio Shecairaes.Man‘s use of enzymes dates back to the earliest times of civilization. Important human activities such as the production of certain types of foods and beverages, and the tanning of hides and skins to produce leather for garments, serendipitously took advantage of enzyme activities. Important adva

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Introduction,pes the book’s understanding of the concept of a source of law. Other assumptions have to do with the functionalist method with which the book approaches a comparative analysis of the judicial use of legal scholarship. The main purpose of this introduction is to reveal and explain these different su

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What is a Source of Law?, will be understood either as agents authorized to make law or, relatedly, as products (e.g. statutes and judicial decisions) resulting from the law-making activities of those agents. Two other possible conceptions of sources of law will be rejected with the intention of avoiding persistent jurispru

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Sources and Reasons,ent reasons for action (a Hartian concept). Sources of law are things (such as documents and practices) systematically treated by judges as providing content-independent reasons for deciding legal cases one way or another. Hart’s notion of content-independence is revisited and defended from criticis

Migratory

Legal Scholarship as a Source of Law, likely to serve the function of a source of law in modern municipal legal systems. This type of scholarship will be called “standard” legal scholarship; it might also be described as “legal dogmatics,” a term commonly used in the civil law world. The chapter goes on to discuss—and reject—some argum

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Formalism and the Use of Legal Scholarship, judicial reference to legal scholarship, on the other. It is argued that formalism and positivism, understood as judicial attitudes denying the exercise of discretion or denying the ability to shape the content of the law by means of the exercise of personal judgment, are not incompatible with the