9780199254828

The only title aimed directly at introducing students to the law that deals with legal skills and methods in a comprehensive way, Holland and Webb's Learning Legal Rules provides a clear and accessible treatment of research skills, precedent and statutory interpretation. This new edition has been extensively rewritten and reorganized to fit the needs of today's law students, and contains added guidance on interpreting statutes; an extended introductory chapter; more diagrams; and a new clear layout and text design. It is accompanied by a new Companion Website containing sample chapters; key questions and guidance; diagrams; and useful legal links.

James Holland is a Professor of Law and the Associate Dean in the Faculty of Law at the University of the West of England, Bristol. Prior to this he worked for the Engineering Employers' West of England Association. He is also co-author of Blackstone's Legal Practice Course Guide: Employment Law. Julian Webb is Professor of Law at the University of Westminster and an Academic Adviser to the Bar Council on legal education and training. He was formerly Principal Lecturer and Professor of Socio-Legal Studies at the University of the West of England, Bristol. He has published widely on the legal profession, legal ethics, and lawyers' skills, and is co-author of Blackstone's Legal Practice Course Guide: Lawyers' Skills.

Foreword to the First Edition

xi

Rt Hon Lord Templeman

Preface to the Fifth Edition

xiii

Acknowledgements

xvii

Table of Cases

xix

Understanding the Law

1

(32)

Introduction

1

(1)

A Sample Legal Problem

1

(1)

`What is Law?'

1

(3)

Parliament

4

(4)

The Courts

8

(10)

The Importance of Procedural Law

18

(5)

English Law and the European Convention on Human Rights

23

(2)

English Law and the European Community

25

(5)

Conclusions

30

(3)

Finding the Law

33

(29)

Getting Started

33

(1)

Literary Sources

34

(4)

Finding Cases

38

(5)

Finding and Updating Legislation

43

(4)

Finding EC Law

47

(3)

Using Computerised Information Retrieval Systems

50

(9)

Concluding Remarks

59

(3)

Reading the Law

62

(37)

Reading Statutes

63

(5)

Reading Cases

68

(16)

Reading Books and Articles

84

(6)

From Reading to Writing

90

(5)

Conclusion

95

(4)

Law, Fact, and Language

99

(23)

Law and Fact

99

(8)

Law and Language

107

(9)

Fact, Language, and the Judicial Construction of Cases

116

(6)

The Doctrine of Judicial Precedent

122

(23)

Introduction

122

(1)

The Idea of Binding Precedent

123

(2)

Establishing the Principle in a Case

125

(2)

The Mechanics of Stare Decisis

127

(8)

Are there any other Exceptions to the Application of Stare Decisis to the Court of Appeal that have Emerged since 1944?

135

(1)

Does Every Case have to be Heard by the Court of Appeal before it can Proceed to the House of Lords?

136

(1)

Precedent in the Higher Courts: Summary

137

(1)

Other Courts

138

(5)

Impact of Human Rights Legislation

143

(1)

Conclusion

143

(2)

How Precedent Operates: Ratio Decidendi and Obiter Dictum

145

(37)

Introduction

145

(1)

Development of Case Law

146

(2)

Trying to Define Ratio Decidendi

148

(2)

Perception and Ratio

150

(2)

Ratio and Interpretation

152

(1)

Summary of Points Covered

153

(2)

Obiter Dictum

155

(2)

How Precedents Develop

157

(6)

Answering Legal Questions on Precedent

163

(3)

Material Facts

166

(4)

What can Happen to a Case?

170

(2)

The Postal Rule Cases

172

(4)

The `Uncertainty Principle' of Cases

176

(3)

Conclusion

179

(3)

Making Sense of Statutes

182

(26)

Introduction

182

(1)

Drafting Styles

182

(4)

The Problems of Drafting Statutes in English Law

186

(4)

Examples of Drafting Practices and How to Approach Them

190

(6)

Amending Earlier Statutes

196

(1)

Other Points in Drafting

197

(1)

European Legislative Drafting

198

(6)

The Style of Community Legislation

204

(2)

Conclusion

206

(2)

Interpreting Statutes

208

(47)

Introduction

208

(1)

The So-called Rules of Interpretation

209

(3)

Examples of the `Rules' in Action

212

(7)

Secondary Aids to Construction

219

(5)

The Use of Hansard

224

(8)

From Rules to Reality

232

(7)

Interpretation and the European Community

239

(1)

Interpretation and the Human Rights Act 1998

240

(1)

Interpreting Secondary Legislation

240

(3)

Illustration of how to Analyse a Case on Statutory Interpretation

243

(6)

Conclusion

249

(6)

`Bringing Rights Home': Legal Method and the Convention Rights

255

(27)

Introduction

255

(1)

The European Convention on Human Rights

256

(3)

Incorporation under the Human Rights Act 1998

259

(5)

Incorporation under the Devolution Acts

264

(2)

The Developing Case Law

266

(2)

The Consequences for Legal Method (1): Statutory Interpretation

268

(8)

The Consequences for Legal Method (2): Precedent

276

(2)

Legal Research and Argumentation

278

(1)

Conclusion

279

(3)

European Legal Method

282

(37)

The Sources of Community Law

282

(4)

The Institutions

286

(8)

Analytical Techniques Employed by European Lawyers

294

(8)

The Effect of EC Law on the Drafting and Interpretation of UK Legislation

302

(15)

Conclusion

317

(2)

Exploiting Legal Reasoning

319

(22)

Logic and Legal Reasoning

320

(10)

The Limits of Logic

330

(8)

The Decision Analysis Method

338

(3)

Index

341

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Learning Legal Rules A Student's Guide to Legal Method and Reasoning

0199254826

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