How to Do Things with Rules / Edition 5

by William Twining, David Miers

Overview

New to English law? Need to know how rules are made, interpreted and applied? This popular and well-established textbook will show you how. It simplifies legal method by combining examples with an account of rules in general: the who, what, why and how of interpretation. Starting with standpoint and context, it identifies factors that give rise to doubts about the interpretation of a rule and recommends a systematic approach to analysing those factors. Questions and exercises integrated in the text and on the accompanying website will help you to develop skills in reading, interpreting and arguing about legal and other rules. The text is fully updated on developments in the legislative process and the judicial interpretation of statutes and precedent. It includes a new chapter on ‘The European Dimension’ reflecting the changes brought about by the Human Rights Act 1998.

Product Details

ISBN-13:	9780521195492
Publisher:	Cambridge University Press
Publication date:	05/20/2010
Series:	Law in Context
Edition description:	5th ed.
Pages:	452
Product dimensions:	7.00(w) x 9.70(h) x 1.00(d)

About the Author

William Twining is Quain Professor of Jurisprudence Emeritus at University College London and a regular Visiting Professor at the University of Miami Law School. His recent works include General Jurisprudence and Analysis of Evidence (with Anderson and Schum), both of which are closely related to this book.

David Miers is Professor of Law at Cardiff. He is the author of Regulating Commercial Gambling and many publications on legislation. He has been Chairman of the Study of Parliament Group and a regular adviser on policy relating to gambling, crime victim compensation, and legislative reform.

Table of Contents

Part I: 1. Some food for thought; Part II. Reading, Using and Interpreting Rules in General: 2. Problems and mischiefs; 3. Of rules in general; 4. Interpretation and application; 5. Imperfect rules; Part III. Reading Law: Reading, Using and Interpreting Legislation and Cases: 6. Routine and problematic readings; 7. Legislation; 8. Interpreting legislation; 9. Reading cases; 10. The European dimension; 11. Rules, reasoning and interpretation; Part IV: Questions and exercises.

What People are Saying About This

From the Publisher

'… one of the most influential legal academic books of the last 30 years. It has substantially and beneficially affected the thinking of law students and lawyers worldwide. It is a wonderfully vivid and stimulating introduction to legal methods and to the general arts of interpreting and applying rules. Using a cornucopia of examples from all sorts of real cases, legislation, human rights law, and European law, the authors demystify the processes by which rules are interpreted and applied. In a masterfully clear exegesis, the arcane world of rules and how they work is made easily accessible. This is an inspiring and indispensable book for all those whose scholarship involves argument about the making and breaking of rules. In fact, anyone whose work involves doing things with rules will gain great advantage, skill, and insight by reading this enjoyable book.' G. J. Slapper, Director of the Centre for Law, The Open University

Editorial Reviews

".One of the most unusual and stimulating law books.It should be read by all law students." --New Law Journal

"This is an admirable book.every page in this book raises questions that students, not only of the law, ought to reflect upon." --British Journal of Law and Society

Butterworth Legal Publishing

'… one of the most influential legal academic books of the last 30 years. It has substantially and beneficially affected the thinking of law students and lawyers worldwide. It is a wonderfully vivid and stimulating introduction to legal methods and to the general arts of interpreting and applying rules. Using a cornucopia of examples from all sorts of real cases, legislation, human rights law, and European law, the authors demystify the processes by which rules are interpreted and applied. In a masterfully clear exegesis, the arcane world of rules and how they work is made easily accessible. This is an inspiring and indispensable book for all those whose scholarship involves argument about the making and breaking of rules. In fact, anyone whose work involves doing things with rules will gain great advantage, skill, and insight by reading this enjoyable book.' G. J. Slapper, Director of the Centre for Law, The Open University

From the Publisher