Burying the Living? The Citation of Legal Writings in English Courts
American Journal of Comparative Law, Vol. 58, pp. 27-52, 2010
Posted: 19 Jan 2010
Date Written: January 1, 2010
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.
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