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Showing 1 - 4 of 4 matches in All Departments
Legal writing is notoriously not easy to read. This book seeks to rectify this problem. While the author acknowledges the good work done by the plain English advocates he believes they have missed the main problem and its solution. The biggest reason that any writing, including legal writing, is difficult to read for a person who is literate is that it lacks a proper structure. The core to the solution to this problem is to explain how good writing is structured. Part of this is a general structure that applies to all writing. This includes having an effective overall structure. Part of it is knowing the way to create a clear overall structure for particular disciplines such as law. To this end the book explains the major structure that legal writing should use. In addition to this huge emphasis on structure the book explains other matters. These include writing with style; identifying the likely or intended readers, assessing their likely level of knowledge and understanding and then addressing the text to the level that is best for them; and understanding how best to approach and organise writing in a way that enhances its effectiveness. In discussing these matters the book explains these techniques for writing in general because legal writing is a species of the genus called writing. The text brings in the legal aspects of writing by two things, depending on their situation. It incorporates them as 'add ons' or as a 'blend ins'.
Lawyers perform many tasks. This book focuses on the core tasks with law. The core tasks are as follows: Structuring law Making law Interpreting law Using law in litigation and transactions, which involves two major tasks, namely applying law to facts and proving facts This book: examines the concepts of rationality and irrationality describes the reasoning processes that should underlie the core tasks that lawyers perform. These reasoning processes should ensure that each task is done as effectively and efficiently as human endeavour can make it. The main reasoning processes are as follows - conditional statement, deduction, induction, abduction, analogy, probability, policy, analysing ambiguity and observation. explains how an understanding of the reasoning processes that should be used becomes a basis for legal method since it is the basic for constructing models for working with law. However, it explains these only briefly since there is a full discussion of these models in a companion book Legal Method.
Lawyers perform many tasks. This book focuses on the core tasks with law. The core tasks are as follows: Organising law. This covers ascertaining the overall structure of an area of law. It also covers the task of organising an individual legal rule by dividing it into its elements and consequences. Making law. This explains the making of statute law and common law. Interpreting law. This explains the interpretation of statute law and common law. Using law in litigation and transactions. This explains the overall task. This also explains two specific tasks, namely applying law to facts and proving facts Communicating law. This involves the major tasks of writing law. Discussion includes advice on how to answer a problem question. This also involves reading law. Discussion includes advice on reading cases and statutes.
Federal administrative law is a vast expanse of statutory provisions and case law. This text aims to map these provisions, setting out the case and statute law in a structured and amenable way. Federal Administrative Law commences with discussion of the composition, powers and decision-making processes of the executive government. Then it covers the major remedies available for those who are dissatisfied by a decision of the executive government - reasons for decision, access to information under FOI legislation, judicial review, appeal to the Administrative Appeals Tribunal, review by the Ombudsman, remaking a decision, collateral review and special review. Enright also engages with the perennial conceptual problems of administrative law. Difficulties with separating legislative, executive and judicial power, and in distinguishing between law and fact, are considered insoluble, Enright argues, only because they have not been approached in the right way. Enright argues for going back to basics, emphasising the necessity of asking the right question in the first place. In a similar vein, Enright investigates problems with legitimate expectation in the law of natural justice and argues that difficulties with standing can be treated better by taking a more analytical approach to the interests involved. Federal Administrative Law will serve as a basic text and reference book for those who work in Commonwealth administrative law. It is written in a clear and easy to read style that will make it suitable as a textbook in undergraduate courses.
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Kallie Snyman, Shannon Vaughn Hoctor
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