{"id":6072,"date":"2013-01-02T12:52:19","date_gmt":"2013-01-02T12:52:19","guid":{"rendered":"http:\/\/lawin.org\/?p=6072"},"modified":"2013-01-02T12:52:19","modified_gmt":"2013-01-02T12:52:19","slug":"legal-bibliography","status":"publish","type":"post","link":"https:\/\/lawlegal.eu\/legal-bibliography\/","title":{"rendered":"Legal Bibliography"},"content":{"rendered":"

Legal Bibliography in Europe<\/h1>\n

Some legal researchers emphasize classic bibliographies of the past, while others look at how the legal bibliography is used by the legal information specialists. According to Peairs (in “Legal Bibliography: A Dual Problem”), already in 1949 legal bibliography was a “purely mechanical subject, as are its procedure”.<\/p>\n

As a syllabus of a law school, Legal Bibliography is an introduction to the research methods and resources the student of law will be using throughout both law school and the legal career.<\/p>\n

Bibliography of Early American Law (BEAL)<\/strong><\/p>\n

This is a well known legal bibliography compiled by Morris Cohen. It includes a supplemental volume. This set covers the period from the beginnings of American history up to and including 1860. It lists the monographic and trial literature on American law and legal development regardless of language or place of publication. The entries are divided into four major sections: Monographs; Civil Trials; Criminal Trials; and Special Proceedings.<\/p>\n

The Future of Legal Bibliography<\/strong><\/p>\n

In his book “The Future of Legal Bibliography. The Role of Laserdiscs and Computers in Compiling and Distributing Bibliographies”, Blair Kauffmana wrote that the new technology improves the development and use of the legal bibliography, for example including references to materials available in non-traditional formats.<\/p>\n

Legal Bibliography according to Federico Moreno (Phillipines)<\/strong><\/p>\n

Federico Moreno in the book “Philippine Legal Bibliography” notes that legal bibliography is the study of the tools and materials essential to legal research. It is the study of legal authorities. Legal research on the other hand is concerned with the method or system by which inquiry and investigation into legal queries may be accomplished. Simply put, legal bibliography and legal research involves knowing and finding the best basis for our responses to legal questions or issues.<\/p>\n

Legal bibliography principles classify authorities as primary and secondary. Again, using Moreno’s tract:<\/p>\n

1. An authority is considered primary when legislation (or statutes) or court decisions are involved. Primary authorities are either mandatory or persuasive.<\/p>\n

a. It is mandatory when “legislation is effective in the place where it has been enacted or promulgated or when a decision is rendered with finality by a superior court in the case or in another case with a similar set of facts, or by the same court in another case.”<\/p>\n

b. Any other type of legislation or court decision is considered persuasive.<\/p>\n

2. An authority is considered secondary, “when primary authority is commented on, criticized, explained or restated.”<\/p>\n

Further Reading<\/strong><\/p>\n