Advice on English Legal System

heya. Im Belle and off to Birbeck to do law. I've managed to get the reading list last week, gotten my books and started reading. I was hoping I could ask questions here. I know they all say its kinda early to be studying but I just want to have an early start since I did not take law at sixth form.

I've started reading up on Common law and I'm using this book.

Spoiler

Is this a good book? Does anyone have other books to recommend? I'm trying to make sense of the topic on Statutory Interpretation. The author seems to suggest that a judge can select from either of 4 approaches when deciding cases :

1.

literal rule

2.

golden rule

3.

mischief rule

4.

purposive approach

Or have I gotten it all wrong? Could someone please help me?

Reply 1

Trinculo

21

I only did a tiny bit of law, but I think you're reading a specifically Public Law text - I think that will be all about Fixed Term Parliaments and stuff.

I think the ones you want are "English Legal System" and "Learning Legal Rules".

Reply 2

Mimir

20

I think we used Loveland for Public Law (Con & Ad). I didn't do any preliminary reading for the GDL to be honest. I'd just skim read it if I were you, then worry about the specifics when your tutors point you in various directions.

You've got the interpretive approach for statute correct. Let's use "the cat sat on the mat" as an example:

Literal Rule

A feline is in a sedentary position on a fabric item commonly described as a 'mat'.

Golden Rule

...but the above interpretation is nonsense - surely this suggests the mat upon which the 'cat' is sitting is floating in midair?

Their Honours, in this case, interpreted this as "A mammal, described as a domesticated cat, recognisable as such, is sat upon a mat, which is placed upon the floor of some nature, in such a way as to ensure there is no separation of cat, mat, and floor.." This has become known as "the doctrine of feline sedentation."

Purposive

The phrase analysed has the intention of being a description of a position of a cat when not walking.

Mischief Rule (Heydon's Case)

The 'spirit' of the above sentence is that a mammal takes up a sedentary position, whether mounted upon its posterior or reclined in any way, that the cat, or other species which may be denoted as a 'cat', upon the floor. The 'mat' of course, may be construed to mean any soft floor, which could of course be simply carpet, or regarded as a minor part of this sentence, the importance being that the animal itself has placed itself upon a floor of some nature, regardless of its composition, or the presence of a separator between the 'floor' and the animal itself.

Something like that.

Reply 3

Risobelle

OP

1

@Mimir

I really appreciate your feedback. Thank you.

Just to be sure, so it is indeed correct that the judge can choose any of the 4 approaches or does he have to start with the literal, golden, mischief rule and then purposive approach (did I get the order correct?) when deciding a case? Hilarie Barnett doesn't make this aspect clear. I did a google too but the websites only breaks down each rule summarily without explaining the starting position. This is what befuddles me.

Reply 4

Mimir

20

Original post by Risobelle

@Mimir

I really appreciate your feedback. Thank you.

Just to be sure, so it is indeed correct that the judge can choose any of the 4 approaches or does he have to start with the literal, golden, mischief rule and then purposive approach (did I get the order correct?) when deciding a case? Hilarie Barnett doesn't make this aspect clear. I did a google too but the websites only breaks down each rule summarily without explaining the starting position. This is what befuddles me.

It is up to the barrister making the case to persuade. Judges like the golden and literal rules, but it depends on the statute.

Reply 5

Risobelle

OP

1

Can anyone besides this @Mimir dude help me on statutory interpretation? Mimir is clearly having a burnout cos he thinks its his duty to help people but his help is not needed because his help is as good as not helping at all. Can anyone else help?

Reply 6

Mimir

20

Original post by Risobelle

Can anyone besides this @Mimir dude help me on statutory interpretation? Mimir is clearly having a burnout cos he thinks its his duty to help people but his help is not needed because his help is as good as not helping at all. Can anyone else help?

Bless you. But no I'm fine, just read the sticky and you'll see the limits on what you can expect.

Your bad manners are only exceeded by your bad manners.

(edited 7 years ago)

Reply 7

_Fergo

19

Original post by Risobelle

Can anyone besides this @Mimir dude help me on statutory interpretation? Mimir is clearly having a burnout cos he thinks its his duty to help people but his help is not needed because his help is as good as not helping at all. Can anyone else help?

I was about to answer your question but then read this extremely rude reply.

If you go on with that attitude, don't expect much from the course.

Posted from TSR Mobile

Reply 8

Mimir

20

Original post by *Stefan*

I was about to answer your question but then read this extremely rude reply.

If you go on with that attitude, don't expect much from the course.

Posted from TSR Mobile

Might get 7 years as a paralegal...

Reply 9

Risobelle

OP

1

Original post by Mimir

Bless you. But no I'm fine, just read the sticky and you'll see the limits on what you can expect.

Your bad manners are only exceeded by your bad manners.

I'm just being honest. You're clearly suffering from a burnout cos you think it's you duty to help people but you need to learn when to say 'no'. Also, you did a GDL which is nothing to shout about. Given how many subjects you had to cram, I'm afraid I can't take lectures from you on statutory interpretation. I knew something was amiss just by reading the way in which you replied. There were just too many red flags.

There are many vulnerable people on this forum so please spare a thought for them before you think its your duty to dish out sub par advice in response to thread posts. If it's your goal and mission to reach the magical number of posts please go to the 'relationship' forum and dis out your advice there.

Original post by *Stefan*

I was about to answer your question but then read this extremely rude reply.

If you go on with that attitude, don't expect much from the course.

Posted from TSR Mobile

I was being honest. I sincerely need help on Statutory interpretation. I've read online articles and watched youtube videos but there seems to be a missing chunk. I hope you can help me.