Legal Treatise

A legal treatise is a scholarly legal publication containing all the law relating to a particular area, such as criminal law or trusts and estates. 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 judges, 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, and can serve as a useful starting point for legal research, particularly when the researcher lacks familiarity with a particular area of law. Lawyers commonly use legal treatises in order to review the law and update their knowledge of pertinent primary authority namely, case law, statutes, and administrative regulations.

In law schools, treatises are sometimes used as additional study materials, as treatises often cover legal subjects at a higher level of detail than most casebooks do. Certain treatises, called hornbooks, 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.

Famous quotes containing the words legal and/or treatise:

    No oppression is so heavy or lasting as that which is inflicted by the perversion and exorbitance of legal authority.
    Joseph Addison (1672–1719)

    The usual derivation of the word Metaphysics is not to be sustained ... the science is supposed to take its name from its superiority to physics. The truth is, that Aristotle’s treatise on Morals is next in succession to his Book of Physics.
    Edgar Allan Poe (1809–1849)