How to Do Things With Rules: A Primer of Interpretation

Front Cover
Cambridge University Press, 1999 - 451 pages
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.
 

Contents

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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