Is a respected treatise on tort law sometimes binding on a court?

A respected treatise on tort law can be influential but is not considered binding on a court. Treatises are scholarly works that provide in-depth analysis and commentary on legal principles but do not have the force of law. Courts are primarily bound by statutes and case law that have been established in their jurisdiction, and while they may find treatises persuasive or helpful in understanding a legal concept, they are not obligated to follow the conclusions presented in these writings.

In certain circumstances, a judge might reference a treatise to support their reasoning or decision, particularly if the treatise is widely recognized within the legal community for its authority on the subject. However, this citation does not create binding precedent, as judges must ultimately adhere to existing laws and rulings from higher courts.

Thus, while respected treatises are valuable resources in legal research and can illuminate issues in tort law, they do not impose binding authority on a court's decisions, leading to the conclusion that the correct understanding is that treatises are never binding.