Legal Treatise
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A legal treatise is a scholarly
legal publication A law book is a book about law. It is possible to make a distinction between "law books" on the one hand, and "books about law" on the other. This distinction is "useful". A law book is "a work of legal doctrine". It consists of "law talk", that ...
containing all the law relating to a particular area, such as
criminal law Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ...
or
trusts and estates English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trusts were a creation of the English law of property and obligations, and share a subsequent history with countries across the ...
. There is no fixed usage on what books qualify as a "legal treatise", with the term being used broadly to define books written for practicing attorneys and
judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
s, textbooks for law students, and explanatory texts for laypersons. The treatise may generally be loose leaf bound with rings or posts so that updates to laws covered by the treatise and annotated by the editor may be added by the subscriber to the legal treatise. Legal treatises are
secondary authority In law, a secondary authority is an authority purporting to explain the meaning or applicability of the actual verbatim texts of primary authorities (such as constitutions, statutes, case law, administrative regulations, executive orders, treat ...
, and can serve as a useful starting point for
legal research Legal research is "the process of identifying and retrieving information necessary to support legal decision-making. In its broadest sense, legal research includes each step of a course of action that begins with an analysis of the facts of a prob ...
, particularly when the researcher lacks familiarity with a particular area of law.
Lawyers A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solicitor, ...
commonly use legal treatises in order to review the law and update their knowledge of pertinent
primary authority A primary authority is a term used in legal research to refer to statements of law that are binding upon the courts, government, and individuals. Primary authority is usually in the form of a document that establishes the law, and if no document exi ...
namely,
case law Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a l ...
,
statute A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...
s, and administrative regulations. In
law school A law school (also known as a law centre or college of law) is an institution specializing in legal education, usually involved as part of a process for becoming a lawyer within a given jurisdiction. Law degrees Argentina In Argentina, ...
s, treatises are sometimes used as additional study materials, as treatises often cover legal subjects at a higher level of detail than most
casebook A casebook is a type of textbook used primarily by students in law schools.Wayne L. Anderson and Marilyn J. Headrick, The Legal Profession: Is it for you?' (Cincinnati: Thomson Executive Press, 1996), 83. Rather than simply laying out the legal do ...
s do. Certain treatises, called
hornbook A hornbook (horn-book) is a single-sided alphabet tablet, which served from medieval times as a primer for study, and sometimes included vowel combinations, numerals or short verse. The hornbook was in common use in England around 1450, but may ...
s, are used by American law students as supplements to casebooks. Hornbooks are usually one volume – sometimes a briefer version of a longer, multi-volume treatise written by a recognized legal scholar.


See also

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Treatise on Law ''Treatise on Law'' is Thomas Aquinas' major work of legal philosophy. It forms questions 90–108 of the ''Prima Secundæ'' ("First artof the Second art) of the ''Summa Theologiæ'', Aquinas' masterwork of Scholastic philosophical theology. ...
, by Thomas Aquinas *
Law dictionary A law dictionary (also known as legal dictionary) is a dictionary that is designed and compiled to give information about terms used in the field of law. Types Distinctions are made among various types of law dictionaries. Differentiating fact ...
*
Treatise A treatise is a formal and systematic written discourse on some subject, generally longer and treating it in greater depth than an essay, and more concerned with investigating or exposing the principles of the subject and its conclusions."Treat ...
*
Law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
*
Natural law Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be deduced and applied independently of positive law (the express enacte ...


References

Legal literature Legal research Law {{law-book-stub