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Are the Restatements, law review articles, Black's Law Dictionary and the paywalled scientific literature cited then 'de facto law'?
by inflatableDodo 7y ago
Are the Restatements, law review articles, Black's Law Dictionary and the paywalled scientific literature cited then 'de facto law'?
- torstenvl 7y agoThe Restatements and Black's are, yes. Law review articles - maybe, depending on context. Scientific understanding rarely gets encoded in the law as such, but see Roe v. Wade as an example - the trimester-based legal framework has given legal effect to a particular understanding of fetal viability. Side-note: I don't really care that my above post has been downvoted, but it seems pretty counter-productive to the HN cultural goal of intellectual discourse for people to downvote input from actual practitioners in the field just because they don't like the answer.