The authority of doctrinal scholarship and inferences to the best explanation

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Abstract

It is not entirely clear whether or why great doctrinal scholarship should be thought to be able to generate content-independent reasons for beliefs about the law (i.e. theoretically authoritative reasons), but some examples of great scholarship are used, in different legal systems, by both courts and other legal practitioners, as being able to produce just such reasons. This paper does not offer a complete argument about the authority of doctrinal scholarship, but examines one possible ground for such claims of authority, namely, the ability great doctrinal legal scholarship has to produce inferences to the best explanation.
Translated title of the contributionThe authority of doctrinal scholarship and inferences to the best explanation
Original languagePortuguese
Title of host publicationDireito, Cultura, Método
EditorsLaura Beck Varela, Andre Rodrigues Correa, Márcia Santana Fernandes , Guilherme Carneiro Monteiro Nitschke, Mariana Pargendler, Giovana Valentiniano Benetti
Place of PublicationRio de Janeiro
PublisherGZ Editora
Pages3-26
Number of pages23
ISBN (Print)9788595240599
Publication statusPublished - 1 Mar 2019

Keywords

  • inference to the best explanation
  • Doctrinal Scholarship
  • Inferencial Forms
  • legal argumentation

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