Legal Language and Interpretation Open access Peer reviewed

When Are Arguments from Scholarly Legal Authority Legitimate?

Luís Duarte d’Almeida, Fábio Perin Shecaira

Canadian Journal of Law & Jurisprudence | Sep 30, 2026

Abstract

Abstract

Abstract Judges often cite legal scholars. Sometimes they defer argumentatively to scholars as authorities. Such arguments, we claim, are neither sound nor legitimate. Legal scholarship serves two functions. One is modest and descriptive: reporting the undisputed content of legal sources and existing consensuses on some point of law. Such matters can lend themselves to authoritative settlement. But the core function of legal scholarship, involving the substantive reconstruction of suboptimal legal sources, is normative. And on such matters, we argue—by discussing the structure of arguments from authority and what counts as genuine authority—there is no room to treat scholarly pronouncements as authoritative.

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Authors

Researchers on this paper

Luís Duarte d’Almeida

first | Universidade Nova de Lisboa | ORCID 0000-0002-0104-7789

Fábio Perin Shecaira

last | Universidade Federal do Rio de Janeiro | ORCID 0000-0002-4379-8708

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Citation

BibTeX

@article{dAlmeida2026When,
  title = {When Are Arguments from Scholarly Legal Authority Legitimate?},
  author = {Luís Duarte d’Almeida and Fábio Perin Shecaira},
  journal = {Canadian Journal of Law & Jurisprudence},
  year = {2026},
  doi = {10.1017/cjlj.2026.10073},
  url = {https://doi.org/10.1017/cjlj.2026.10073}
}

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