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SOURCES OF LAW

Accepted version
Peer-reviewed

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Type

Article

Change log

Abstract

jats:titleAbstract</jats:title>jats:pThis article aims to clarify what is meant by “a source of law” argument. A source of law argument justifies an action by showing that it has as its legal basis the best interpretation of a rule, principle or value identified in a material source of law. Such an argument is authority-based in that it appeals for its correctness to a collective decision to adopt a particular rule. The identification comes from an analysis of the practices within a specific legal community. The concept of “a rule of recognition” is not helpful since it glosses over the contestability of what is a source of law and its revisability over time. In a second part, the article illustrates the dynamics of change by reference to the status of EEC/EU law in a number of national laws and the 1966 Practice Statement on precedent in the House of Lords.</jats:p>

Description

Keywords

4801 Commercial Law, 48 Law and Legal Studies, 4807 Public Law, 16 Peace, Justice and Strong Institutions

Journal Title

The Cambridge Law Journal

Conference Name

Journal ISSN

0008-1973
1469-2139

Volume Title

77

Publisher

Cambridge University Press (CUP)