How to Do Things With Rules: A Primer of InterpretationCambridge University Press, 1999 - 451 trang Twining and Miers examines the basic intellectual skills law students need, in particular those concerning the handling of rules. Designed to cater for the needs of a variety of groups, including 'pre-law', first year LLB students reading courses in legal method, and those studying jurisprudence options with an interpretation/legal reasoning basis, it has wide appeal and provides a general overview of the subject. The new edition brings the reader up to date with changes in the law and involves more emphasis on the EU and legislation, with new examples and exercises. |
Nội dung
SOME FOOD FOR THOUGHT | 3 |
Rules and relationships | 14 |
Rules and results | 24 |
Simple and complex rules | 31 |
Bigamy | 42 |
8 | 51 |
Rules principles and other norms | 61 |
Standpoint and role | 67 |
Legalism | 176 |
ROUTINE AND PROBLEMATIC READINGS | 207 |
LEGISLATION | 221 |
INTERPRETING LEGISLATION | 261 |
The construction of arguments | 268 |
The European dimension | 296 |
READING CASES | 305 |
Cases as precedents | 312 |
a case study | 77 |
PROBLEMS AND MISCHIEFS | 113 |
OF RULES IN GENERAL | 123 |
Rules and values | 129 |
3 | 135 |
a note of warning | 143 |
Rules as techniques of social management | 150 |
INTERPRETATION AND APPLICATION | 157 |
4 | 163 |
The practice of precedent | 325 |
The ratio decidendi of a case | 333 |
RULES REASONING AND INTERPRETATION | 343 |
Reasoning rules and law | 350 |
Lawyers reasonings | 368 |
SUPPLEMENTARY MATERIAL AND EXERCISES | 381 |
ALGORITHMS AND THE STRUCTURE OF COMPLEX RULES | 413 |
SUGGESTIONS FOR FURTHER READING | 435 |
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algorithm Allen amendments Appendix apply arguments authority behaviour bigamy Bill chapter Committee common law complex concerned conditions of doubt context Court of Appeal Criminal dispute doctrine of precedent Domestic Violence Donoghue v Stevenson drafting Dworkin effect enacted European example fact fixed verbal form formulation give Hansard Hansard Society House of Lords Human Rights important injunction intention involved issues Johnny judges judgment judicial Justice kind Law Commission legislation Lord Atkin Lord Denning Lord Diplock married material matrimonial home matter meaning mischief mischief rule norms offence Parliament parliamentary particular Pepper v Hart person practice previous decision principle prisoner problems of interpretation procedure proposition provisions purpose ratio decidendi reading reference regulation relations relationship relevant Report role rule-handling rule-maker rules scope situation social standpoint statement statutory interpretation techniques theory United Kingdom words