Dethroning the Hierarchy of Authority
Datum
2019-02-14
Autor:innen
Zeitschriftentitel
ISSN der Zeitschrift
Bandtitel
Verlag
University of Oregon School of Law
Zusammenfassung
Authority is the foundation of legal analysis. Our legal system is based on the rule of law ideal, and law is well understood to be “an authority-soaked practice.” In contrast to many other fields, or everyday decision-making and reasoning processes, law places greater reliance “on the source rather than the content (or even the correctness) of ideas, arguments, and conclusions.” Legal analysis without the explicit support of appropriate authority is perceived as illegitimate, as evidenced by the profession’s emphasis on the value of abundant citations. Use of legal authority is one of the very first concepts introduced to every first-year law student and one of a lawyer’s most essential responsibilities.
Beschreibung
58 pages
Schlagwörter
Practice of law, Judicial hierarchy
Zitierform
97 OR. L. REV. 51