How to Do Things With Rules: A Primer of InterpretationCambridge 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 |
The pervasiveness of norms | 6 |
Pluralism | 7 |
Legalism | 8 |
Rules and relationships | 14 |
Rules and results | 23 |
Simple and complex rules | 31 |
Bigamy | 42 |
Rules as techniques of social management | 150 |
Two views of rules | 152 |
Other perspectives on rules | 155 |
INTERPRETATION AND APPLICATION | 157 |
4 | 163 |
Legalism | 176 |
ROUTINE AND PROBLEMATIC READINGS | 207 |
LEGISLATION | 221 |
Discretion to disobey | 51 |
Donoghue v Stevenson | 56 |
Rules principles and other norms | 61 |
Standpoint and role | 67 |
a case study | 77 |
PART TWO READING USING AND INTERPRETING RULES IN GENERAL | 111 |
PROBLEMS AND MISCHIEFS | 113 |
OF RULES IN GENERAL | 123 |
Rules and values | 129 |
The form and structure of a rule | 131 |
Rules exceptions and exemptions | 134 |
The variety of rules | 136 |
Rules and systems | 138 |
a note of warning | 143 |
The functions of rules | 147 |
INTERPRETING LEGISLATION | 261 |
The construction of arguments | 268 |
The European dimension | 296 |
READING CASES | 305 |
Cases as precedents | 312 |
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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How to Do Things with Rules: A Primer of Interpretation William Twining,David Miers No preview available - 1999 |
Common terms and phrases
accepted action amendments answer Appeal apply approach arguments authority bigamy Bill chapter clear Committee common complex concerned consider construction context court Criminal deal decided decision determining difficulties direct distinction doubt drafting effect enacted European evidence example exception existing expressed fact formulation further give given House of Lords important intention interpretation involved issues judges judgment judicial Justice kind language legislation Lord marriage married material matter meaning nature offence official Parliament particular parties person possible practice precedent precise present principle problems procedure proceedings provisions question reading reasons reference regulation relations relationship relevant Report respect result Review role rules scope situation social standard statement statute statutory statutory interpretation suggest taken theory treated values
References to this book
Bibliographic information
| Title | How to Do Things With Rules: A Primer of Interpretation Law in Context |
| Authors | William Twining, David Miers |
| Edition | illustrated, revised |
| Publisher | Cambridge University Press, 1999 |
| ISBN | 0406904081, 9780406904089 |
| Length | 451 pages |
| Export Citation | BiBTeX EndNote RefMan |