This book is written as an underpinning of the author's book Legal Method. These methods describe how to organise law, form law (that is make and interpret law), use law (in litigation and transactions) and communicate law (by writing and reading).
This book is written as an underpinning of the author's book Legal Method, which describes methods for working with law. These methods describe how to organise law, form law (that is make and interpret law), use law (in litigation and transactions) and communicate law (by writing and reading). This book seeks to justify the methods for organising, forming and using law by demonstrating that they are based on sound reasoning. To this end it explains how each method derives from one or more of several means of thinking or acquiring understanding. These consist of conditional statements, deduction, induction, abduction, inference, probability, observation and policy.
Having surveyed the terrains of rationality, the text then demonstrates how these forms or expression of rationality can be used to derive the ways of organising, forming and using law that are described in Legal Method.
The purpose of this book is to state the major principles of constitutional law in a simple and straightforward manner. It is designed as a first reader in the subject prior to attacking the intricacies of federal constitutional law later in a law course.
This book describes a structured approach to legal research consisting of 12 steps. The idea is to present a step by step approach to legal research that is as foolproof as human endeavour can make it.
Vast numbers of statutes rule our lives. Many of them are not easy to read. Parts of some are almost impossible to read. This book sets out some ways of drafting statutes that makes them easier to read.
This book starts from the ground up to explain the logical structure and function of a privative clause. It then considers in a critical way the reasoning of the High Court. It points out aspects that need further attention because the court’s reasoning is unsatisfactory. It also points out relevant legal considerations that the court has so far overlooked.
The skill of interpreting a statute is important for one good reason – the outcome of a case commonly enough depends on how a court interprets an ambiguous provision in a statute. Yet despite the importance of interpreting statutes there have been no serious attempts so far to describe an effective method for performing the task.
Lawyers tend to be skills averse. They absorb some way of performing various tasks with law but without explicit or proper instruction. This lessens their ability to learn law as students and to work with law as legal practitioners. This book aims to rectify this problem.
There are numerous sources of law in Australia, which possesses sixteen legal systems, being the Commomwealth, six states and nine territories. The purpose of this book is to explain the nature of the sources of law used in these legal systems.
The primary purpose of this book is to provide law students with the text of constitutional legislation and documents. Law students need these in several types of courses. The obvious courses are introductory law courses as well as public law courses on constitutional law, administrative law and human rights.
This book explains how to answers a problem question. It does this by providing a model. Naturally this model incorporates advice on how to perform the four fundamental skills that are needed to answer a problem question.