Persuasive Authority

Persuasive authority means that the authority is not binding on the court. Instead, it is said to be “persuasive at best.” This means that the authority may persuade the court to follow its holding, but the court is in no way bound to do so, because it is not mandatory.

A good example of this is secondary authority, like a law review article. The author may make a convincing argument, and a court wold be free to consider and follow the author’s viewpoint when making its decision. It is not, however, mandated to do so.