4 UNDERSTANDING THE FORMAT OF A STATUTE 3.4.1 Introduction Having spent time discussing the power of language, considering issues of meaning and becoming alerted to the influence of figurative language, the importance of excellent language skills for the study of law should be clear. In its legislative format, the language of the law will be found to be: • in an unusual grammatical form; • potentially confusing; • tediously literal, dense text; • exhibiting scant punctuation; • liberally peppered with alphabetical and numerical dividers. To read legislation and work to understand it involves the reader in the act of interpretation. Legislation is read for a range of different purposes but they all involve interpretation. Interpreters of legal texts strive to ascertain what is being suggested at all levels of the text. Some interpret from a biased position, for example, the prosecution or defence. Others interpret from an open position, merely asking: what does this legislation provide for? How might these legal rules apply to this fact situation? What is the general social impact of this legislation? Does this legislation effectively address the issue? It can be argued that an interpreter is creating something which is new by their act of interpretation: an interpretation which is triggered by the text but which, in reality, bears no resemblance to the writers’ intention. This concept may be the basis of the school of art criticism which says: do not confuse the intellect of the artist with the beauty of the work created; do not expect the artist to know the meaning of the work! Interpreters of legal texts have to adapt their methods according to the type of document they are dealing with, the myth of ascertaining the real meaning of words always being held out as an attainable and sensible goal. Much of the authority of English courts lies in their ability to know what the law means and to apply it. This chapter will demonstrate the importance of students developing expertise in using various techniques for breaking into texts containing statutory legal rules, using a range of skills and methods in preparation for evaluating, analysing and critiquing them. All these skills require constant practice and reflection, and each type of legal text requires different methods of analysis. Practice steadily increases intellectual awareness, language appreciation, skills of prediction concerning interpretation difficulties and the ability to evaluate. Immediately the interconnections between a range of skills becomes apparent: (a) skills of language analysis: • sophisticated comprehension skills; • vocabulary skills; • grammar skills; • excellent reading and writing skills;

DOI link for 4 UNDERSTANDING THE FORMAT OF A STATUTE 3.4.1 Introduction Having spent time discussing the power of language, considering issues of meaning and becoming alerted to the influence of figurative language, the importance of excellent language skills for the study of law should be clear. In its legislative format, the language of the law will be found to be: • in an unusual grammatical form; • potentially confusing; • tediously literal, dense text; • exhibiting scant punctuation; • liberally peppered with alphabetical and numerical dividers. To read legislation and work to understand it involves the reader in the act of interpretation. Legislation is read for a range of different purposes but they all involve interpretation. Interpreters of legal texts strive to ascertain what is being suggested at all levels of the text. Some interpret from a biased position, for example, the prosecution or defence. Others interpret from an open position, merely asking: what does this legislation provide for? How might these legal rules apply to this fact situation? What is the general social impact of this legislation? Does this legislation effectively address the issue? It can be argued that an interpreter is creating something which is new by their act of interpretation: an interpretation which is triggered by the text but which, in reality, bears no resemblance to the writers’ intention. This concept may be the basis of the school of art criticism which says: do not confuse the intellect of the artist with the beauty of the work created; do not expect the artist to know the meaning of the work! Interpreters of legal texts have to adapt their methods according to the type of document they are dealing with, the myth of ascertaining the real meaning of words always being held out as an attainable and sensible goal. Much of the authority of English courts lies in their ability to know what the law means and to apply it. This chapter will demonstrate the importance of students developing expertise in using various techniques for breaking into texts containing statutory legal rules, using a range of skills and methods in preparation for evaluating, analysing and critiquing them. All these skills require constant practice and reflection, and each type of legal text requires different methods of analysis. Practice steadily increases intellectual awareness, language appreciation, skills of prediction concerning interpretation difficulties and the ability to evaluate. Immediately the interconnections between a range of skills becomes apparent: (a) skills of language analysis: • sophisticated comprehension skills; • vocabulary skills; • grammar skills; • excellent reading and writing skills;

4 UNDERSTANDING THE FORMAT OF A STATUTE 3.4.1 Introduction Having spent time discussing the power of language, considering issues of meaning and becoming alerted to the influence of figurative language, the importance of excellent language skills for the study of law should be clear. In its legislative format, the language of the law will be found to be: • in an unusual grammatical form; • potentially confusing; • tediously literal, dense text; • exhibiting scant punctuation; • liberally peppered with alphabetical and numerical dividers. To read legislation and work to understand it involves the reader in the act of interpretation. Legislation is read for a range of different purposes but they all involve interpretation. Interpreters of legal texts strive to ascertain what is being suggested at all levels of the text. Some interpret from a biased position, for example, the prosecution or defence. Others interpret from an open position, merely asking: what does this legislation provide for? How might these legal rules apply to this fact situation? What is the general social impact of this legislation? Does this legislation effectively address the issue? It can be argued that an interpreter is creating something which is new by their act of interpretation: an interpretation which is triggered by the text but which, in reality, bears no resemblance to the writers’ intention. This concept may be the basis of the school of art criticism which says: do not confuse the intellect of the artist with the beauty of the work created; do not expect the artist to know the meaning of the work! Interpreters of legal texts have to adapt their methods according to the type of document they are dealing with, the myth of ascertaining the real meaning of words always being held out as an attainable and sensible goal. Much of the authority of English courts lies in their ability to know what the law means and to apply it. This chapter will demonstrate the importance of students developing expertise in using various techniques for breaking into texts containing statutory legal rules, using a range of skills and methods in preparation for evaluating, analysing and critiquing them. All these skills require constant practice and reflection, and each type of legal text requires different methods of analysis. Practice steadily increases intellectual awareness, language appreciation, skills of prediction concerning interpretation difficulties and the ability to evaluate. Immediately the interconnections between a range of skills becomes apparent: (a) skills of language analysis: • sophisticated comprehension skills; • vocabulary skills; • grammar skills; • excellent reading and writing skills;