Legal method
著者
書誌事項
Legal method
（Macmillan professional masters）
Macmillan, 1993
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注記
Includes bibliographical references (p. 298-299) and index
内容説明・目次
内容説明
Ian McLeod introduces the nature of law and legal reasoning for everyone beginning serious legal study or training. Starting with the English Legal System and Constitutional Law "Legal Method" moves on to Case Law and Precedent, Statute Law and Interpretation taking in European Community law as it arises. Points are made with illustrations from T.S. Eliot, W.S. Gilbert and the Dalai Lama, as well as professional sources. The author emphasizes the extent of judges' discretion in deciding points of law, and shows what this discretion is based on. It is suitable for the Common Professional Examination, for law degrees (LLB), jurisprudence courses and for professional non-law students beginning the study of law.
目次
- Part 1 Ideas and institutions: an introduction to law and legal reasoning
- the classifications of English law
- the jurisdictions of the principal English courts
- the constitutional context of legal method
- the legal structure of the European community
- the enforceability of European Community law in the United Kingdom
- European Community law and national sovereignty
- finding, citing and using the sources of law. Part 2 Case law and precedent: an introduction to the doctrine of binding precedent
- ratio decidendi and obiter dictum
- vertical and horizontal dimensions of precedent
- does the House of Lords bind itself?
- does the Court of Appeal bind itself?
- does the High Court bind itself?
- precedent as a vehicle for law reform
- precedent in the European Court of Justice. Part 3 Statute law and statutory interpretation: an introduction to statute law and statutory interpretation
- legislative drafting
- plain meanings, mischiefs and purpose
- the idea of legislative intention
- modern interpretation in practice
- some studies of stationery drafting and interpretations
- the principles of interpretation used by the European Court of Justice. Appendices: Law reports and journals
- the Interpretation Act 1978
- the European Convention for the Protection of Human Rights and Fundamental Freedoms.
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