How to do things with rules : a primer of interpretation / William Twining, David Miers.
2010
KD691 .T9 2010 (Map It)
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Details
Author
Title
How to do things with rules : a primer of interpretation / William Twining, David Miers.
Published
Cambridge [U.K.] ; New York, N.Y. : Cambridge University Press, 2010.
Call Number
KD691 .T9 2010
Edition
Fifth edition.
ISBN
9780521195492 (hardback)
0521195497 (hardback)
9780521144308 (paperback)
0521144302 (paperback)
0521195497 (hardback)
9780521144308 (paperback)
0521144302 (paperback)
Description
xlviii, 402 pages ; 25 cm.
System Control No.
(OCoLC)496742277
Summary
"introductions to these important aspects of the modern law of the United Kingdom. The implementation of the Human Rights Act 1998 (which had been enacted but was not fully in force when the fourth edition was published) has transformed the legislative, judicial and political landscape of the United Kingdom"--Provided by publisher.
"New to English law? Need to know how rules are made, interpreted and applied? This popular and well-established textbook will show you how. It simplifies legal method by combining examples with an account of rules in general: the who, what, why and how of interpretation. Starting with standpoint and context, it identifies factors that give rise to doubts about the interpretation of a rule and recommends a systematic approach to analysing those factors. Questions and exercises integrated in the text and on the accompanying website will help you to develop skills in reading, interpreting and arguing about legal and other rules. The text is fully updated on developments in the legislative process and the judicial interpretation of statutes and precedent. It includes a new chapter on 'The European Dimension' reflecting the changes brought about by the Human Rights Act 1998"--Provided by publisher.
"New to English law? Need to know how rules are made, interpreted and applied? This popular and well-established textbook will show you how. It simplifies legal method by combining examples with an account of rules in general: the who, what, why and how of interpretation. Starting with standpoint and context, it identifies factors that give rise to doubts about the interpretation of a rule and recommends a systematic approach to analysing those factors. Questions and exercises integrated in the text and on the accompanying website will help you to develop skills in reading, interpreting and arguing about legal and other rules. The text is fully updated on developments in the legislative process and the judicial interpretation of statutes and precedent. It includes a new chapter on 'The European Dimension' reflecting the changes brought about by the Human Rights Act 1998"--Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Series
Record Appears in
Added Author
Table of Contents
Preface
xiii
Online appendices
xxiv
Acknowledgements
xxv
Abbreviations
xxvii
Table of statutes and legislative instruments
xxix
Table of cases
xxxvii
Part I
1.
Some food for thought
3
1.
Introduction
3
2.
The pervasiveness of norms
6
3.
Normative and legal pluralism
6
4.
Interpretation
10
5.
Standpoint and role
15
6.
Rules and relationships
23
7.
Rules and reasons
32
8.
Rules and results
35
9.
Visual presentations of rules
44
10.
Statutory interpretation and precedent: bigamy
46
11.
Discretion to disobey
53
12.
Human rights and freedoms
58
pt. II
Reading, using and interpreting rules in general
67
2.
Problems and mischiefs
69
3.
Of rules in general
80
1.
What is a rule?
80
2.
Rules and values
87
3.
The form and structure of a rule
89
4.
Rules, exceptions and exemptions
92
5.
The variety of rules
94
6.
Rules and systems
97
7.
Reifying rules: a note of warning
102
8.
The functions of rules
107
9.
Rules as techniques of social management
111
10.
Two views of rules: formalism and instrumentalism
114
11.
Other perspectives on rules
119
4.
Interpretation and application
121
1.
Interpretation: what?
122
2.
Law and fact
125
3.
Interpretation and application
131
4.
Rule-handling
132
5.
Who interprets?
133
6.
Rule-makers and rule-interpreters
141
7.
Legalism
143
8.
Leeways for interpretation and application
145
5.
Imperfect rules
148
1.
The factual context of rules
149
2.
Intentions, reasons and purposes
150
3.
The role of purposes and other reasons in interpretation
158
4.
Rules and language
162
5.
The open texture of rules
169
pt. III
Reading law: reading, using and interpreting legislation and cases
173
6.
Routine and problematic readings
175
1.
Routine readings
175
2.
Problematic readings: conditions of doubt
176
3.
A diagnostic model: structure
178
4.
A diagnostic model: application
183
7.
Legislation
193
1.
Introduction
193
2.
Reading legislation: what? why? how?
195
8.
Interpreting legislation
230
1.
Clarification of standpoint and role
231
2.
Checking the currency of the statutory material
231
3.
Identification of the conditions of doubt
235
4.
The construction of arguments
236
9.
Reading cases
268
1.
Reading cases: what? why? how?
268
2.
Cases as precedents
276
3.
Two perspectives on precedent
277
4.
The doctrine of precedent
279
5.
The practice of precedent
295
6.
The ratio decidendi of a case
304
7.
X = X = X
312
10.
The European dimension
315
1.
The European Union
316
2.
The European Convention for the Protection of Human Rights and Fundamental Freedoms
325
3.
The Human Rights Act 1998
326
4.
A note on judicial style
334
11.
Rules, reasoning and interpretation
336
1.
From diagnosis to argument
336
2.
The structure of argument in R v. Allen
338
3.
Reasoning, rules and law
343
4.
Lawyers' reasonings
363
5.
Epilogue: towards a theory of legal interpretation?
365
6.
Literary analogies, radical indeterminacy and noble dreams
370
Part IV
377
Questions and exercises
379
Index
391