did-you-know? rent-now

Rent More, Save More! Use code: KBRENTAL

5% off 1 book, 7% off 2 books, 10% off 3+ books

Law's Sources

9780198981152

Law's Sources

  • ISBN 13:

    9780198981152

  • ISBN 10:

    0198981155

  • Format: Hardcover
  • Copyright: 12/02/2025
  • Publisher: Oxford University Press

List Price $138.66 Save

Rent $82.37
TERM PRICE DUE
Added Benefits of Renting

Free Shipping Both Ways Free Shipping Both Ways
Highlight/Take Notes Like You Own It Highlight/Take Notes Like You Own It
Purchase/Extend Before Due Date Purchase/Extend Before Due Date

List Price $138.66 Save $0.83

New $137.83

Usually Ships in 3-5 Business Days

We Buy This Book Back We Buy This Book Back!

Included with your book

Free Shipping On Every Order Free Shipping On Every Order

Note: Supplemental materials are not guaranteed with Rental or Used book purchases.

Extend or Purchase Your Rental at Any Time

Need to keep your rental past your due date? At any time before your due date you can extend or purchase your rental through your account.

Summary

Law has sources - sources of actual law, and sources of information and opinion about law. Familiarity with these so-called primary and secondary sources is integral to law-application, and to making the strongest case possible for how particular laws should be interpreted and understood. Yet law's sources raise thorny questions. Are the norms that courts enforce as law always attributable to primary sources? Can a bright-line distinction be drawn between what judges apply as law and what they rely on when interpreting what they apply? When, and how, do secondary sources get upgraded to acquire primary status? Do some sources have neither primary nor secondary status? How is scholarship used as a secondary source?

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.

Author Biography

Read more