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Materials For Lectures On Reading Writing Law

This document provides an overview of materials for lectures on reading and writing law. It discusses topics like language as a social act governed by rules, reading different types of legal texts and documents, academic writing standards, constructing legal arguments using different types of reasoning, and the importance of avoiding plagiarism. The copyright notice at the beginning indicates the lecturer owns the exclusive copyright to their course materials and presentations, which students may not reproduce or distribute without express written consent.

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57 views3 pages

Materials For Lectures On Reading Writing Law

This document provides an overview of materials for lectures on reading and writing law. It discusses topics like language as a social act governed by rules, reading different types of legal texts and documents, academic writing standards, constructing legal arguments using different types of reasoning, and the importance of avoiding plagiarism. The copyright notice at the beginning indicates the lecturer owns the exclusive copyright to their course materials and presentations, which students may not reproduce or distribute without express written consent.

Uploaded by

wamalwavictor12
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Materials for Lectures on Reading and Writing Law

My lectures and course materials, including presentations, tests, outlines, and similar
materials, are protected by copyright law. I am the exclusive owner of the copyright in those
materials I create. You may not reproduce, distribute or display the lecture notes or
recordings or course materials in any other way — whether or not a fee is charged —
without my express written consent. You also may not allow others to do so.
©J Ayamunda 2020

Reading and Writing Law


Language as a social act
- Governed by rules
- Means of expression
Reading legal language in
- Legal documents
- Legal rules
- Oral language
- Courts of law
- Lawyers’ offices
- Legal texts
NB: Language and power
- Legislators and judges
- Users/drafters of words v interpreters of words
- Mandla & Others v Dowell Lee [1983] 2AC548; [1985] HL
Reading Law Texts
- Primary v secondary
- 3rd prong: tertiary ie your own view/opinion

Types of law texts


- Sources of law: primary texts eg legislation, cases, treaties
- Sources about law: secondary texts eg books, articles, commentaries, etc
Reading primary sources
- Statutes: language of legislation as law in a fixed verbal format. (NB: not final word.
Interpretation is final (for now)).
- Case law: law in law reports as law in unfixed verbal format.

Writing Law

Academic writing
- By scholars
- Evaluate: articulate and support own response
- Analyse: examine how parts relate to each other and the whole
- Synthesise: connect or create umbrella arguments

Academic standards
- Quality
- Truth and honesty: look for the truth; beware fallacious arguments
- Clarity and brevity
- Balance & impartiality
- Avoid emotiveness

Plagiarism

Constructing a Legal Argument


What is an argument?
- A line of thought and evidence by which you try to reach a conclusion
- Latin origin: ‘argumentum’ meaning ‘proof’
- Therefore an argument is considered reason(s) put forth in an attempt to prove or
disprove a given claim.
- Proofs (evidence) – proposition – argument
- Criminal matter: beyond reasonable doubt
- Civil matter: on a balance of probabilities
- (s)he who claims, proves
- Requires legal and factual analysis
General type of structures of argument
Deductive reasoning
- Comprises 1st proposition (general statement) then 2nd proposition (specific statement)
- Is a closed system of reasoning
- The premises guarantee the conclusion
- NB: this type of reasoning is of limited use in our legal system

Inductive reasoning:
- It moves from the particular to the general
- It is concerned with the notion of probabilities
- Emphasizes the conditions of doubt and the range of probabilities
- NB: the relative strengths and weighting attached to evidence

Abductive reasoning
- Deciding the most likely inference/explanation
- Consider the wet grass example

Reasoning by analogy
- Is a species of inductive reasoning
- Used most often in common law legal systems because of the doctrine of judicial
precedent
- Like cases must be decided alike

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