Burying the Living? The Citation of Legal Writings in English Courts

American Journal of Comparative Law, Vol. 58, pp. 27-52, 2010

Oxford Legal Studies Research Paper No. 2/2010

Posted: 19 Jan 2010

See all articles by Alexandra Braun

Alexandra Braun

School of Law, University of Edinburgh

Date Written: January 1, 2010

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 at tempts 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.

Suggested Citation

Braun, Alexandra, Burying the Living? The Citation of Legal Writings in English Courts (January 1, 2010). American Journal of Comparative Law, Vol. 58, pp. 27-52, 2010, Oxford Legal Studies Research Paper No. 2/2010, Available at SSRN: https://ssrn.com/abstract=1538434

Alexandra Braun (Contact Author)

School of Law, University of Edinburgh ( email )

Old College
South Bridge
Edinburgh, EH8 9YL
United Kingdom

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