Learning Legal Rules brings together the theory, structure, and practice of legal reasoning in order to help the reader to develop both their knowledge and reasoning skills. It provides techniques of legal research, analysis, and argument, and explains the operation of precedent as well as effective statutory interpretation. When studying law, it is easy to become focused on the substantive aspects of the subject—the concepts, rules, and principles that go to make up contract, tort, crime, etc. In order to study and practise law effectively, it is essential not only to understand what the legal rules are, but also why they are as they are, and what consequences they might have. This requires that you develop the abilities that are the core focus of this book: to find and make sense of the primary and secondary sources of law; to interpret and apply authorities; to construct arguments both about the facts of a case, and as to how and why a particular authority should or should not be applied in a given situation, and to write clearly, and in an appropriate legal style, making reference to authority as necessary, in the proper academic form.
Book
James Holland and Julian Webb
Chapter
This chapter introduces some fundamentals that will underpin the understanding of law and ‘legal method’. It explains those core principles and techniques that underpin the process of legal reasoning. Topics discussed include the concept of law; functions of law, and some of the major functions of law; and the concept of regulation, which extends our understanding of law to forms of delegated legislation and ‘soft’ law and case law as it is developed by the courts. The chapter also discusses Parliament and legislation; the structure and role of the courts; the importance of procedural law; English law and the European Convention on Human Rights; and English law and the European Union.
Chapter
This chapter introduces some fundamentals that will underpin the understanding of law and ‘legal method’. It explains those core principles and techniques that underpin the process of legal reasoning. Topics discussed include the concept of law; functions of law, and the concept of regulation, which extends our understanding of law to include forms of delegated legislation and ‘soft’ law, and case law as it is developed by the courts. The chapter also discusses Parliament and legislation as a source of law; the structure and role of the courts; the importance of procedural law; the role of facts in legal decision-making; English law and the European Convention on Human Rights; and English law and the European Union.
Chapter
John Merrills
This chapter discusses the various methods available for the peaceful settlement of international disputes. These include diplomatic methods (negotiation, mediation, inquiry, and conciliation), and legal methods (arbitration, the International Court of Justice, other courts and tribunals, and the place of legal methods). The role of the United Nations and regional organizations is also considered.
Discussion covers the role of international law and its place in international relations, and dispute settlement generally. The text is illustrated with analysis of current and past disputes in which the various methods have been used—either successfully or unsuccessfully. The historical record shows first, that over the last two hundred years huge progress has been made in developing and refining the methods for handling international disputes, and secondly, that despite, or perhaps because of, differences between the various methods, their interaction and use in combination are often important factors in determining their effectiveness in practice.
Chapter
In the twenty-first century, two important pan-European forces to which English law has been subject are the European Convention on Human Rights (ECHR) and the Human Rights Act (HRA) 1998. This chapter discusses the following: the scope, outline, and enforcement of the ECHR to identify and protect fundamental human rights and freedoms and the balancing of these freedoms against the sovereignty of Parliament; its incorporation into the HRA 1998; incorporation under the devolution Acts; the consequences for legal method; and practical and conceptual issues raised by the HRA 1998 around legal research and argumentation. It closes by looking at the prospects of a ‘British Bill of Rights’.
Chapter
In the twenty-first century, two important pan-European forces to which English law has been subject are the European Convention on Human Rights (ECHR) and the Human Rights Act (HRA) 1998. This chapter discusses the following: the scope, outline, and enforcement of the ECHR to identify and protect fundamental human rights and freedoms and the balancing of these freedoms against the sovereignty of Parliament; its incorporation into the HRA 1998; incorporation under the devolution Acts; the consequences for legal method; and practical and conceptual issues raised by the HRA 1998 around legal research and argumentation. It closes by looking at the prospects of a ‘British Bill of Rights’.
