Legal Method 9th Edition by Ian Mcleod – Ebook PDF Instant Download/Delivery: 1137027681, 9781137027689
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ISBN 10: 1137027681
ISBN 13: 9781137027689
Author: Ian Mcleod
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.
Table of contents:
Part I Ideas and institutions
1 An introduction to law and legal reasoning
1.1 Introduction
1.2 Legal method as a creative process
1.3 The form of legal reasoning
1.4 Propositions and processes: truth and validity
1.5 Methods of reasoning: induction, deduction and analogy
1.6 Legal practice and legal scholarship
1.7 Law and justice
1.8 The political element in judicial decision-making
2 The classifications of English law
2.1 Introduction
2.2 The possible meanings of common law
2.3 The possible meanings of civil law
2.4 Public law and private law
2.5 Substantive law and procedural law
2.6 Classification by subject matter
2.7 The distinction between matters of fact and matters of law
3 The jurisdictions of the principal English courts
3.1 Introduction
3.2 The hierarchy of the courts as a diagram
3.3 Magistrates’ courts
3.4 The Crown Court
3.5 County Courts
3.6 The High Court
3.7 The Court of Appeal
3.8 The Judicial Committee of the Privy Council
3.9 The Supreme Court
3.10 Tribunals and inquiries
3.11 Rights of appeal and permission to appeal
4 The constitutional context of legal method
4.1 Introduction
4.2 The rule of law
4.3 The legislative supremacy of Parliament
4.4 The separation of powers
4.5 Balancing the constitutional doctrines
5 European Union law and English law
5.1 Introduction
5.2 From the European Communities to the European Union
5.3 The principal European Union institutions
5.4 The Enforceability of European Union Law in the United Kingdom
5.5 Indirect effect of European Union law
5.6 European Union law and national sovereignty
6 The protection of human rights and fundamental freedoms
6.1 Introduction
6.2 The English legal system and the protection of human rights before the Human Rights Act 1998
6.3 The European Convention for the Protection of Human Rights and Fundamental Freedoms
6.4 The Human Rights Act 1998
7 Finding, citing and using the sources of law
7.1 Introduction
7.2 Conventions in case names
7.3 Textbooks and periodicals
7.4 Law reports
7.5 Statutes
7.6 European Union law
7.7 Reports of the European Court of Human Rights
7.8 Miscellaneous sources
7.9 Keeping up-to-date
Part II Case-law and precedent
8 An introduction to the doctrine of binding precedent
8.1 Introduction
8.2 Bindingness, flexibility and the rule of law
8.3 A wide view of precedent
8.4 A narrow view of precedent: the doctrine of stare decisis
8.5 The distinction between binding precedent and res judicata
8.6 Retrospectivity and prospectivity in the operation of binding precedent
8.7 Are the decisions of the courts actually the law or merely evidence of the law?
9 Ratio decidendi and obiter dictum
9.1 Introduction
9.2 The concept of ratio decidendi
9.3 Techniques used in handling ratios
9.4 The concept of obiter dictum
10 Vertical and horizontal dimensions of precedent
10.1 Introduction
10.2 The vertical dimension of precedent
10.3 The horizontal dimension of precedent
10.4 Precedent in relation to the Judicial Committee of the Privy Council
11 Does the Supreme Court bind itself?
11.1 Introduction
11.2 The historical perspective
11.3 The position after 1966
11.4 Is departure from previous decisions predictable?
11.5 Departure from previous decisions without relying on the Practice Statement
12 Does the Court of Appeal bind itself?
12.1 Introduction
12.2 The position in civil cases
12.3 The position in criminal cases
12.4 Should the Court of Appeal and the Supreme Court apply the same principles?
12.5 The relevance of the leapfrog procedure
13 Does the High Court bind itself?
13.1 Introduction
13.2 The first instance jurisdiction
13.3 The appellate jurisdiction
13.4 The supervisory jurisdiction
14 Arguments for and against judicial law-making
14.1 Introduction
14.2 Perceived strengths of judicial law-making
14.3 Perceived weaknesses of judicial law-making
14.4 Constitutional constraints on judicial law-making
14.5 Conclusion
15 Precedent and principle in the European Court of Justice
15.1 Introduction
15.2 Reading European Court of Justice reports
15.3 Precedent in the European Court of Justice
15.4 Principles of European Union law
15.5 Subsidiarity
15.6 To what extent does the Court of Justice differ in practical terms from the English courts with
Part III Legislation and legislative interpretation
16 An introduction to statute law and statutory interpretation
16.1 Introduction
16.2 Drafting, interpretation and communication
16.3 The classification of Acts of Parliament
16.4 Precedent in relation to decisions on statutory interpretation
17 Statutory drafting
17.1 Introduction
17.2 The modern Office of the Parliamentary Counsel
17.3 The drafting process
17.4 Consolidation and statute law revision
17.5 Tilling’s Rules for the drafting of legislation
18 Plain meanings, mischiefs, purposes and legislative intention
18.1 Introduction
18.2 Simple literalism in practice
18.3 The mischief rule
18.4 The purposive approach to interpretation
18.5 Legislative intention
18.6 The problem of errors and statutory nonsense
18.7 Are there any ‘rules’ of interpretation?
19 Modern statutory interpretation in practice
19.1 Introduction
19.2 The basic rule of interpretation
19.3 Ordinary and technical meanings
19.4 Analysing the context: matters of language
19.5 Analysing the context: matters of law
19.6 Presumptions
19.7 The Interpretative Obligation under s. 3, Human Rights Act 1998
19.8 Change of meaning with the passage of time
20 Legislative interpretation in the European Court of Justice
20.1 Introduction
20.2 Characteristics of European Union law which are relevant to its interpretation
20.3 The teleological approach to interpretation
20.4 Literal meaning, clear meaning and legal meaning
20.5 Retrospectivity
Appendices
1 Law reports and journals (some useful references)
2 Extracts from the Interpretation Act 1978
3 Articles 2–12 and 14 of, and Articles 1–3 of the First Protocol and Articles 1 & 2 of the Sixt
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