Law's Sources
Law's Sources
- ISBN 13:
9780198981152
- ISBN 10:
0198981155
- Format: Hardcover
- Copyright: 12/02/2025
- Publisher: Oxford University Press
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Summary
Law's Sources considers these and other questions, not simply as matters of legal theory but as aspects of judicial decision-making and practical legal reasoning. Chapter 1 traces the historical conceptualization of legal sources as criteria of legal validity. Chapter 2 examines laws as norms and sources. Chapter 3 considers the tenacity of the 'sources thesis'. Chapters 4 and 5 defend the distinction between primary and secondary sources and examine instances in which secondary sources are made to function like primary sources of law. Chapter 6 considers the legal status of Restatement provisions in US courts and how Restatements are sometimes treated as binding authority. Chapter 7 examines the complexities concerning the identification of applicable law by law-enforcing officials. Chapter 8 considers how judges view and utilize scholarship as epistemic and persuasive authority.




