Legal Method

ISBN-13: 9781137027689 / Angielski / Miękka / 2013 / 368 str.

Ian McLeod

Opis

Legal Method commonly refers to a set of techniques used to analyse, handle sources and apply the law and to determine the appropriate weight that should be accorded to different sources of law.

This text assumes no prior knowledge of the subject matter and makes its content accessible by clarity of expression rather than by dilution of content. In addition to more conventional sources, writers as varied as Jonathan Swift, Alexander Pope and T. S. Eliot are cited.

Spis treści

PART I: IDEAS AND INSTITUTIONS 1. An Introduction to Law and Legal Reasoning 2. The Classifications of English Law 3. The Jurisdictions of the Principal English Courts 4. The Constitutional Context of Legal Method 5. European Community Law and English Law 6. The Protection of Human Rights and Fundamental Freedoms 7. Finding, Citing and Using the Sources of Law PART II: CASE-LAW AND PRECEDENT 8. An Introduction to the Doctrine of Binding Precedent 9. Ratio Decidendi and Obiter Dictum 10. Vertical and Horizontal Dimensions of Precedent 11. Does the House of Lords Bind Itself? 12. Does the Court of Appeal Bind Itself? 13. Does the High Court Bind Itself? 14. Arguments For and Against Judicial Law Making 15. Precedent and Principle in the European Court of Justice PART III: LEGISLATION AND LEGISLATIVE INTERPRETATION 16. An Introduction to Statute Law and Statutory Interpretation 17. Statutory Drafting 18. Plain Meanings, Mischiefs, Purposes and Legislative Intention 19. Modern Interpretation in Practice 20. Legislative Interpretation in the European Court of Justice.

O autorze

Ian McLeod is Visiting Professor of Law at the University of Stirling, UK. Following professional experience as a local government lawyer and a prosecuting solicitor, he has specialized in teaching Legal Method, Legal Theory and Public Law. His other publications include Legal Theory in the Palgrave Law Masters series.  

Blurb

The Palgrave Macmillan Law Masters series is a long-running and successful list of titles offering clear, concise and authoritative guides to the main subject areas, written by experienced and respected authors.

This ninth edition of Legal Method provides a lively introduction to the nature of the English legal system and its sources, and to the techniques which lawyers use when handling those sources. The text assumes no prior knowledge and makes its content accessible by clarity of expression rather than by dilution of content. In addition to more conventional sources, writers as varied as Jonathan Swift, Alexander Pope and T. S. Eliot are cited.

This is an ideal course companion for both law undergraduate and GDL/CPE students. Includes end of chapter summaries and self-test exercises.