How to Do Things with Rules

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Cambridge University Press, May 20, 2010 - Law
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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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Contents

1 Some food for thought
3
Part II Reading using and interpreting rules in general
67
2 Problems and mischiefs
69
3 Of rules in general
80
4 Interpretation and application
121
5 Imperfect rules
148
reading using and interpreting legislation and cases
173
6 Routine and problematic readings
175
8 Interpreting legislation
230
9 Reading cases
268
10 The European dimension
315
11 Rules reasoning and interpretation
336
Part IV
377
Questions and exercises
379
Index
391
Copyright

7 Legislation
193

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About the author (2010)

William Twining is Quain Professor of Jurisprudence Emeritus at University College London and a regular Visiting Professor at the University of Miami Law School. His recent works include General Jurisprudence and Analysis of Evidence (with Anderson and Schum), both of which are closely related to this book.

David Miers is Professor of Law at Cardiff. He is the author of Regulating Commercial Gambling and many publications on legislation. He has been Chairman of the Study of Parliament Group and a regular adviser on policy relating to gambling, crime victim compensation, and legislative reform.

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