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Full-Text Articles in Law
Dethroning The Hierarchy Of Authority, Amy J. Griffin
Dethroning The Hierarchy Of Authority, Amy J. Griffin
Publications
The use of authority in legal argument is constantly evolving—both the types of information deemed authoritative and their degree of authoritativeness—and that evolution has accelerated in recent years with dramatic changes in access to legal information. In contrast, the uncontroversial and ubiquitous “hierarchy of authority” used as the cornerstone for all legal analysis has remained entirely fixed. This article argues that the use of the traditional hierarchy as the dominant model for legal authority is deeply flawed, impeding a deeper understanding of the use of authority in legal argument. Lawyers, judges, and academics all know this, and yet no scholarly …
The Empty Circles Of Liberal Justification, Pierre Schlag
The Empty Circles Of Liberal Justification, Pierre Schlag
Publications
No abstract provided.