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Legal Scholarship as a Source of Law
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Legal Scholarship as a Source of Law

Second Edition 2024

Book Details

Format Paperback / Softback
ISBN-10 3031603710
ISBN-13 9783031603716
Edition Second Edition 2024
Publisher Springer International Publishing AG
Imprint Springer International Publishing AG
Country of Manufacture GB
Country of Publication GB
Publication Date Jul 21st, 2025
Print length 165 Pages
Ksh 11,700.00
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This book offers a philosophical analysis of the role played by legal scholarship in the written judicial decisions of different Western legal systems.
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.  

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