Legal method
著者
書誌事項
Legal method
（Macmillan law masters）
Macmillan, 1996
2nd ed
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内容説明・目次
内容説明
The second edition of Ian McLeod's highly successful Legal Method has been fully revised and up-dated in respect of both English and Community sources of law, and continues to provide a lively introduction to the nature of law and legal reasoning. The book, which is both a self-contained study and an invaluable foundation for legal education, is divided into three parts: Ideas and Institutions, Case-Law and Precedent, and Statute Law and Statutory Interpretation. The constant theme is how uncertainties arise within the law and how the course resolves them. The text has been made accessible by lucid explanation rather than by dilution. The sources cited range from W.S. Gilbert and G.K. Chesterton to Alexander Pope and T.S. Eliot, in addition to a wealth of more conventional legal authorities. Reviewing the first edition, the Statute Law Review commented that the author has 'managed, unlike the authors of many contemporary students, to integrate the European Community legal dimension'.
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 - Appendix 1: Law Reports and Journals - Appendix 2: The Interpretation Act 1978 - Appendix 3: The European Convention for the Protection of Human Rights and Fundamental Freedoms - Further Reading - Index
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