Legal Method and Reasoning 733510
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Description
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This foundation subject introduces students to core elements of legal method and reasoning in common law legal systems, including: the principal sources of law; the ways in which law develops and is used in relation to each; the relationship between sources of law; and the principal contemporary theoretical debates on common law method. Methodological issues will be considered in substantive context, to give students an understanding of the social role of law. Students will develop their own legal skills, through interactive classes, additional skills classes and assessment tasks that are designed to give students hand-on experience, as well as to test skills acquired in the course.
The principal topics include:
- Analysis of a case
- The concept and use of precedent
- Progressive evolution of common law doctrine
- Emergence of new doctrine
- Analysis of a statute
- Approaches to statutory interpretation
- Relationship between statutes and case-law and between statutes themselves
- Presumptions in statutory interpretation
Essentially descriptive material concerning the structure of government, the hierarchy of courts and the nature of the legislative process will be covered in introductory readings; understanding of it will be enhanced and reinforced through discussions in class.
PreRequisites
Nil
