Introduction

Abstract

The book proceeds on the basis of admittedly contentious theoretical assumptions. Some of these assumptions pertain to the positivist outlook that shapes 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 substantive and methodological assumptions. The assumptions will never be explicitly defended, although the whole book might be regarded as providing an “indirect” defense of them. The introduction also provides an overview of the content of the book’s chapters. The general structure of the book is as follows. The initial chapters are meant to clarify the general notion of a source of law. Once that notion is clarified, legal scholarship will become the main focus of attention. The largest part of the book is concerned with conceptual and empirical issues pertaining to the use of legal scholarship by judges. Chapter 6 will touch on some normative questions pertaining to how scholarship ought to be used by judges.