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图书目录: Preface to the Fourth Edition
Acknowledgments Table of Cases Part I IDEAS AND INSTITUTIONS 1 An Introduction to Law and Legal Reasoning 1.1 Introduction 1.2 Legal Method as a Creative Process 1.3 The Form of Legal Reasoning 1.4 Propositions and Processes: Truth and Validity 1.5 Methods of Reasoning: Induction, Deduction and Analogy 1.6 Legal Practice and Legal Scholarship 1.7 Law and Justice 1.8 The Political Element in Judicial Decision-Making Summary Exercises 2 The Classifications of English Law 2.1 Introduction 2.2 The Possible Meanings of Common Law 2.3 The Possible Meanings of Civil Law 2.4 Public Law and Private Law 2.5 Substantive Law and Procedural Law 2.6 Classification by Subject Matter 2.7 The Distinction between Matters of Fact and Matters of Law Summary Exercises 3 The Jurisdictions of the Principal English Courts 3.1 Introduction 3.2 The Hierarchy of the Courts as a Diagram 3.3 Magistrates" Courts 3.4 The Crown Court 3.5 County Courts 3.6 The High Court 3,7 The Court of Appeal 3.8 The House of Lords 3.9 The Judicial Committee of the Privy Council 3.10 Administrative Tribunals and Statutory Inquiries 3.11 Rights of Appeal and Permission to Appeal Summary Exercises 4 The Constitutional Context of Legal Method 4.1 Introduction 4.2 The Rule of Law 4.3 The Legislative Supremacy of Parliament 4.4 The Separation of Powers 4.5 Balancing the Constitutional Doctrines Summary Exercises 5 European Community Law and English Law 5.1 Introduction 5.2 The Three European Communities 5.3 The European Union and the European Community 5.4 The Principal Community Institutions 5.5 The Enforceability of European Community Law in the United Kingdom 5.6 Indirect Effect of Community Law 5.7 European Community Law and National Sovereignty Summary Exercises 6 The Protection of Human Rights and Fundamental Freedoms 6.1 Introduction 6.2 The English Legal System and the Protection of Human Rights before the Human Rights Act 1998 6.3 The European Convention for the Protection of Human Rights and Fundamental Freedoms 6.4 The Human Rights Act 1998 Summary Exercise 7 Finding, Citing and Using the Sources of Law 7.1 Introduction 7.2 Textbooks and Periodicals 7.3 Law Reports 7.4 Statutes 7.5 European Community Law 7.6 Reports of the European Court of Human Rights 7.7 Electronic Sources 7.8 Keeping Up-to-Date Summary Exercises Part lI CASE-LAW AND PRECEDENT 8 An Introduction to the Doctrine of Binding Precedent 8.1 Introduction 8.2 Bindingness, Flexibility and the Rule of Law 8.3 A Wide View of Precedent 8.4 A Narrow View of Precedent: the Doctrine of Stare Decisis 8.5 The Distinction between Binding Precedent and Res Judicata 8.6 The Retrospective Effect of Binding Precedent 8.7 Are the Decisions of the Courts Actually the Law or Merely Evidence of the Law? Summary Exercises 9 Ratio Decidendi and Obiter Dictum 9.1 Introduction 9.2 The Concept of Ratio Decidendi 9.3 Techniques Used in Handling Ratios 9.4 The Concept of Obiter Dictum Summary Exercises 10 Vertical and Horizontal Dimensions of Precedent 10.1 Introduction 10.2 The Vertical Dimension of Precedent 10.3 The Horizontal Dimension of Precedent 10.4 Precedent in Relation to the Judicial Committee of the Privy Council Summary Exercises 11 Does the House of Lords Bind Itself?. 1 1.1 Introduction 11.2 The Historical Perspective 11.3 The Current Position 1 1.4 Is the Use of the Practice Statement Predictable? 1 1.5 Departure from Previous Decisions Without Relying on the Practice Statement Summary Exercises 12 Does the Court of Appeal Bind Itself?. 12.1 Introduction 12.2 The Position in Civil Cases 12.3 The Position in Criminal Cases 12.4 Should the Court of Appeal and the House of Lords Apply the Same Principles? 12.5 The Relevance of the Leapfrog Procedure Summary Exercise 13 Does the High Court Bind Itself?. 13.1 Introduction 13.2 The First Instance Jurisdiction 13.3 The Appellate Jurisdiction 13.4 The Supervisory Jurisdiction Summary Exercise 14 Precedent as a Vehicle for Law Reform 14.1 Introduction 14.2 Perceived Strengths of Judicial Law Reform 14.3 Perceived Weaknesses of Judicial Law Reform 14.4 Constitutional Constraints on Judicial Law Reform 14.5 Conclusion Summary Exercise 15 Precedent and Principle in the European Court of Justice 15.1 Introduction 15.2 Reading European Court of Justice Reports 15.3 Precedent in the European Court of Justice 15.4 Principles of Community Law 15.5 Subsidiarity 15.6 To What Extent Does the Court of Justice Differ in Practical Terms from the English Courts with Regard to Precedent? Summary Exercises Part III STATUTE LAW AND STATUTORY INTERPRETATION 16 An Introduction to Statute Law and Statutory Interpretation 16.1 Introduction 16.2 Drafting, Interpretation and Communication 16.3 The Classification of Acts of Parliament 16.4 Precedent in Relation to Decisions on Statutory Interpretation Summary Exercises 17 Legislative Drafting 17.1 Introduction 17.2 The Modem Office of the Parliamentary Counsel 17.3 The Drafting Process 17.4 Parliamentary Supervision of Legislative Drafting 17.5 Consolidation and Statute Law Revision 17.6 Tilling "s Rules for the Drafting of Legislation Summary Exercises 18 Plain Meanings, Mischiefs and Purposes 18.1 Introduction 18.2 Simple Literalism in Practice 18.3 The Mischief Rule 18.4 The Purposive Approach to Interpretation 18.5 The Problem of Statutory Nonsense 18.6 Are There Any "Rules' of Interpretation? Summary Exercises 19 The Idea of Legislative Intention 19.1 Introduction 19.2 Different Types of Intention 19.3 The Speaker's Meaning Theory 19.4 Particular Intention: Delegation to the Drafters 19.5 General Intention: Delegation to the Judges Summary Exercises 20 Modern Interpretation in Praetiee 20.1 Introduction 20.2 Bennion's Basic Rule of Interpretation 20.3 Ordinary and Technical Meanings 20.4 Analysing the Context: Matters of Language 20.5 Analysing the Context: Matters of Law 20.6 Presumptions 20.7 Change of Meaning with the Passage of Time Summary Exercises 21 Legislative Interpretation in the European Court of Justice 21.1 Introduction 21.2 Characteristics of Community Law which are Relevant to its Interpretation 21.3 The Teleological Approach to Interpretation 21.4 Literal Meaning, Clear Meaning and Legal Meaning 21.5 Retrospectivity Summary Exercises Appendix 1 Law Reports and Journals (Some Useful References) Appendix 2 Extracts from the Interpretation Act 1978 Appendix 3 Articles 2-12 and 14 of, and Articles 1-3 of the First Protocol and Articles 1 & 2 of the Sixth Protocol to, the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 Further Reading |