What is persuasive authority?

Lawrence Solum’s Legal Theory Lexicon series has been a regular feature on his Legal Theory Blog. “Persuasive Authority” is a recent installment. “This time the Lexicon is focusing on the idea of persuasive authority. The basic idea is intuitive: the reasoning in a decision can persuade even if it does not bind. But what does that mean? How does the persuasion work? This Lexicon entry investigates those questions. As always, the Legal Theory Lexicon is aimed at law students, especially first year law students, with an interest in legal theory.” Recommended.

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