What are Treatises and How are They Useful in Legal Research?
A treatise is a book on a legal subject matter written by an expert in the field. It may be a single volume or multiple volumes. It may cover a broad topic like Williston on Contracts or a narrow topic like Punitive Damages in Bad Faith Cases. Like other types of secondary sources, treatises can provide both background information and citations to relevant authority. Some treatises do nothing more than state what the law is; like legal encyclopedias they make no attempt to analyze the law deeply. Other treatises are more like law review articles in that they provide an in-depth analysis of the law and include the author’s personal insights. A treatise may examine such questions as whether the law makes sense, is just, is outdated, or ought to be changed. In the hierarchy of secondary authority, treatises rank very high – particularly if they are interpretive or critical. They can be cited freely in memos and briefs and can be very effective in bolstering a legal argument. The format of
