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Legislation - Understanding and Using Statutes (Paperback, 2nd Revised edition)
Loot Price: R2,294
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Legislation - Understanding and Using Statutes (Paperback, 2nd Revised edition)
Series: University Casebook Series
Expected to ship within 12 - 17 working days
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This book's focus makes statutes, and the processes that produce
them, the primary consideration. Traditional teaching materials
tend to make statutes and the circumstances of their creation
secondary; students encounter the legislative process and
legislative materials chiefly, sometimes exclusively, through the
eyes of judges. In contrast, two of the three principal chapters of
this book are organized around the enactment of two particular
statutes - one late Nineteenth Century, the second late Twentieth
Century. These chapters expose students to primary documents
reflecting the quite different processes by which these two
statutes were enacted, and invite them to reach conclusions about
their meaning, in advance of any exposure to judicial
interpretations - just as lawyers would typically be required to do
in practice. The latter of these two chapters also includes
extensive selections from the secondary literature to help put the
current debates between textualists and purposivists in sharp
focus. The intervening chapter deals in a more conventional way
with the development and use of the purpose/intent-oriented methods
of interpretation that characterized mid-Twentieth Century judicial
practice. This chapter, in which judicial decisions predominate,
often sets a statutory problem as a prologue to the case --
highlighting the statutory issue and inviting the student to do her
own interpretive analysis before encountering the judges' opinion.
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