000			04155nam a2200229Ia 4500
999			_c28779 _d28779
003			OSt
005			20201231154031.0
008			160316s2010 xxu||||| |||| 00| 0 eng d
020			_a9780414041837
040			_c.
082			_a340.1 STY _bSTY
100			_aStychin Carl F
245			_aLegal method and systems: Text and materials
250			_a4th
260			_aLondon _bSweet & Maxwell _c2010
300			_a424p _cxxvii
365			_b Rs. 2,265
505			_aCONTENTS Preface; Acknowledgments; Table of Cases; Table of Statutes; Table of Statutory Instruments; Chapter 1: Introduction to Legal Methods: approaches to law and legal reasoning I. What is the law?; Chapter 2: Constitutional aspects of legal method: the rule of law and the supremacy of Parliament; I. The rule of law; II. The supremacy of Parliament; III. A note on the Constitution; IV. The Human Rights Act 1998 and the supremacy of Parliament; Chapter 3: Constitutional aspects of legal method: judicial review; I. Judicial review and the rule of law; II. Parliamentary supremacy and judicial review; III. Defining "The state"; IV. The Human Rights Act 1998 and judicial review; Chapter 4: Constitutional aspects of legal method: the impact of membership in the European Union; I. The historical significance of the EU; II. Institutional structure of the EU; III. The EU and Parliamentary supremacy; IV. The impact of the EU on the protection of individual rights; Chapter 5: Statutory interpretation: introduction to legislation; I. The relationship between legislation and common law; II. The legislative process; III. An introduction to interpretation; IV. Methods of statutory interpretation; V. The distinction between fact and law; VI. Case study on statutory interpretation: the Race Relations Act; Chapter 6: Statutory interpretation: the search for legislative intention; I. The role of intention and purpose in statutory interpretation; II. Internal aids to finding intention; III. External aids to finding intention; IV. Legislative intention and social change; V. Interpretive policies and presumptions; Chapter 7: Statutory interpretation: the impact of the law of the European Union and European human rights law; I. Statutory interpretation in the European Court of Justice; II. The impact of European Community law on interpretation in domestic courts; III. The interpretation of European human rights law; Chapter 8: Judge-made law: an introduction to common law reasoning; I. Key concepts and terminology; II. Finding precedents in the common law; III. The process of common law reasoning: "thinking like a lawyer"; IV. The implications of membership in the European Union on common law reasoning; V. Big issues relating to common law reasoning; Chapter 9: Judge-made law: a case study on the law of negligence; I. The development of a general duty of care; II. The politics of common law reasoning; III. Case law exercise; Chapter 10: The legal professions; I. Law as a profession; II. Access to the legal profession; III. The politics of the Judiciary; Chapter 11: Dispute resolution: the courts and adjudication; I. Adjudication in context; II. The constitutional function of adjudication and the trial; III. Key characteristics of the trial; A. Adversarial and inquisitorial systems; B. Trial by jury; IV. Bargaining in the shadow of the law; V. Tribunals; VI. Modernisation and the recent reform of the court system; C. Reform of the criminal justice system; D. Reform of the civil justice system; Chapter 12: Non-adjudicatory forms of dispute resolution; I. The context for reform; II. The characteristics of mediation; III. Critiques of mediation; IV. Feminist perspectives on mediation; Chapter 13: Comparative legal methods and systems; I. Legal systems, cultures and traditions; II. "Carving the world's law up" into individual traditions; III. Comparing two traditions: common and civil law; IV. Comparative law and a globalising legal order; V. Postcolonialism and postmodernism; Index
650			_a1. Legal Methods
700			_aMulcahy Linda _a
942			_2ddc _cBK