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Articles · The Real Law Journal

Primary Authority and the Discipline of Citation

On the apparatus by which a reader returns to the source.

PublishedVol. I · No. 1pp. 1–28

§ I

Authorship

The author or authors of the work.

Author
Faculty of the School of Legal Research

Real Law Society Academy

§ II

Abstract

On the scope of the work.

Citation is not ornament. It is the apparatus by which a reader returns to the source. This article reads the modern citation conventions against the older practice of the bench and the bar, and argues that the discipline of citation is inseparable from the discipline of reading primary authority.

§ III

Keywords

Subjects of the article.

  • citation
  • primary authority
  • legal research
  • hierarchy of sources

§ IV

The Article

The text.

The article begins with the premise that a citation is a return address. Its purpose is to permit the reader to locate the source that the writer consulted, and to verify that the source supports the proposition for which it is cited. Anything that obstructs that purpose is a defect of citation, however elegant the form.

Part I surveys the modern citation conventions — the Bluebook, the ALWD Guide, and the principal house styles of the federal courts — and reads each as an answer to the same question: how shall a reader return to the source? The conventions differ in vocabulary; they agree in purpose.

Part II takes up the hierarchy of authority. A citation that points to a paraphrase, when the original is available, is a citation that has stopped short. The article argues that the discipline of citing the controlling instrument — the constitution, the statute, the regulation, the rule, the opinion — is the discipline of reading the law as written.

Part III closes with the working habits of the citation editor: verification against the source, attention to subsequent history, and the recording of the edition consulted. The habits are humble; their cumulative effect is the integrity of the published record.

§ V

Preferred Citation

On citing this article.

Faculty of the Sch. of Legal Rsch., Primary Authority and the Discipline of Citation, 1 Real Law J. 1 (MMXXV).
DOI · 10.00000/rlj.i.1.001

§ VII

Editorial History

On the manuscript's passage to print.

  1. MMXXV — Spring

    Manuscript received.

  2. MMXXV — Summer

    Editorial and citation review completed.

  3. MMXXV — Autumn

    Published in Vol. I, No. 1.

§ VIII

Revision History

On subsequent revisions.

No revisions have been issued. Substantive revisions, when issued, are recorded here and retained in the institutional archive.

The Real Law JournalVol. I — No. 1Articles

The Journal

Return to the issue.

The article belongs to a single issue. Read the table of contents and the editor's introduction in their proper place.

The Real Law Society · Est. MMXXVRead Law. Not Lore.Vol. I — Folio I