Burying the living? The citation of legal writings in English

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Abstract

Until recently English judgments were characterized by a dearth of references to academic legal writing. This is often ascribed to the existence of a professional convention preventing judges and counsel from citing living authors. While there is generally no doubt that such a convention did exist, it is not certain whether and to what extent it actually involved and affected legal academics and their role within the English legal system. This Article examines the claims that have been made about the genesis and the nature of the convention and attempts to shed light on the true reasons for its emergence, as well as its impact on the status of legal writing in England and the relationship between judges and legal academics.
Original languageEnglish
Pages (from-to)27-52
JournalAmerican Journal of Comparative Law
Volume58
Issue number1
DOIs
Publication statusPublished - 2010

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