Abstract
The conclusion contains a brief summary of the content of previous chapters. It also addresses some objections against the book’s account of legal scholarship as a source of law that were not explicitly considered in earlier chapters. It is argued that these objections are based on a common mistake: namely, that of taking theoretical problems that touch the very notion of a source of law as if they only affected the account of the specific type of source discussed in this book. Some of the theoretical problems at issue can be confidently resolved within the confines of this short conclusion. Others will not be so confidently resolved; but it is still important to realize that they are problems about the general notion of a source of law, and not exclusively about the book’s specific account of legal scholarship as a source of law. This is an attempt to deflect, if not refute, the relevant objections.
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Notes
- 1.
For a sophisticated critique of formalism with respect to legal scholarship, see Nino (1974, Chaps. 3 and 4), focusing on criminal law scholarship in a civil law culture.
- 2.
This may happen, for instance, when a judge relies on a foreign judicial decision translated by a comparative lawyer. The translator may add nothing to the foreign court’s argument; his only contribution is to make the decision accessible.
References
MacCormick N (1993) Argumentation and interpretation in law. Ratio Juris 6:16
Nino CS (1974) Consideraciones sobre la Dogmática Jurídica. UNAM, México
Regla JA (2000) Teoría General de las Fuentes del Derecho (y del Orden Jurídico). Ariel, Barcelona
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Shecaira, F. (2013). Conclusion. In: Legal Scholarship as a Source of Law. SpringerBriefs in Law. Springer, Heidelberg. https://doi.org/10.1007/978-3-319-00428-0_7
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