How to Do Things with Rules
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.
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Part II Reading using and interpreting rules in general
2 Problems and mischiefs
3 Of rules in general
4 Interpretation and application
5 Imperfect rules
reading using and interpreting legislation and cases
6 Routine and problematic readings
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Allen amendments appeal Appendix application argument authority behaviour bigamy Bill Chapter CJEC Committee common law concerned conditions of doubt conﬂict constitutional context Convention court criminal decision deﬁned deﬁnition difﬁculties dispute doctrine of precedent drafting Dworkin effect enacted European European Union EWCA Civ EWCA Crim EWHC example fact ﬁnd ﬁre ﬁrst ﬁt ﬁve ﬁxed verbal form formulation give government’s H.L.A. Hart Hansard Society House of Lords Hunting Act 2004 important intention involved issues Johnny judges judicial Justice kind Law Commission legal reasoning legislation Lord Atkin marriage marry matter meaning mischief mischief rule normative offence Ofﬁce ofﬁcial Parliament parliamentary particular practice principles problems of interpretation procedure purpose ratio decidendi reading reﬂect regulation relevant Report role Ronald Dworkin rule of law rule-maker scope signiﬁcance situation social speciﬁc standpoint statute statutory interpretation sufﬁcient theory Trafﬁc treated UKHL United Kingdom words