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A statute is divided into: Vocabulary • sections; Repeal— abolition of all or part of a • sub-sections; previous statute. • paragraphs; Amend— changing part of a previous • sub-paragraphs; statute. • Parts; • Schedules (at the end). Parliament can enact laws about anything—but a law may prove impossible to enforce. Legend records that one particular King of England, Canute, was humbled when he attempted to demonstrate his sovereign power by seating his throne on the beach and ordering the tide not to come in! For come in it did, much to his embarrassment. When approaching a statute as a new law student the most difficult task is understanding, at a basic macro- (wide) level, what the statute as a whole is striving to do and at the micro- (narrow) level what each section is saying. As proficiency is gained in handling statutory rules it will be found that it is not usually necessary to deal with the entire statute. The overall statute can be briefly contextualised and only relevant sections need to be extracted for detailed consideration, analysis, or application. However, ‘sections’, those micro-elements of statutes, will be all the more confidently analysed because, at any given moment, it is known how to relate any aspect of the statute to its general layout. Often, initial understanding eludes the law student. Doubts concerning the meaning of parts of the statute do not occur at the level of sophisticated analysis. They occur at the basic level of combining English language skills and legal skills to obtain foundational understanding. If doubts remain at this level, there can be no possibility of attaining sophisticated analysis! 3.4.4 Case study: breaking into statutes 3.4.4.1 Unfair Contract Terms Act 1977 To explore methods of breaking into statutes and understanding statutes at the macro- and micro-level the rest of this chapter will deal with a real statute, the Unfair Contract Terms Act (UCTA) 1977. Figure 3.10, below, builds on the abstract general layout of Figure 3.8, above, by customising it to fit UCTA 1977. This statute will continue to be used for demonstration purposes for the rest of the chapter. The full text of the statute can be found in Appendix 1. Study Figure 3.10, below, carefully. Note which parts are linked and which are not by following the lines and arrows. Reading the summarised headings constructs a basic overview of what the statute is about. Before considering how to break into statutory language in such a way as to be able to confidently précis whole sections for the purposes of such a layout, it is important to study the layout until it is familiar and comprehensible. There are no shortcuts; this takes time.
DOI link for A statute is divided into: Vocabulary • sections; Repeal— abolition of all or part of a • sub-sections; previous statute. • paragraphs; Amend— changing part of a previous • sub-paragraphs; statute. • Parts; • Schedules (at the end). Parliament can enact laws about anything—but a law may prove impossible to enforce. Legend records that one particular King of England, Canute, was humbled when he attempted to demonstrate his sovereign power by seating his throne on the beach and ordering the tide not to come in! For come in it did, much to his embarrassment. When approaching a statute as a new law student the most difficult task is understanding, at a basic macro- (wide) level, what the statute as a whole is striving to do and at the micro- (narrow) level what each section is saying. As proficiency is gained in handling statutory rules it will be found that it is not usually necessary to deal with the entire statute. The overall statute can be briefly contextualised and only relevant sections need to be extracted for detailed consideration, analysis, or application. However, ‘sections’, those micro-elements of statutes, will be all the more confidently analysed because, at any given moment, it is known how to relate any aspect of the statute to its general layout. Often, initial understanding eludes the law student. Doubts concerning the meaning of parts of the statute do not occur at the level of sophisticated analysis. They occur at the basic level of combining English language skills and legal skills to obtain foundational understanding. If doubts remain at this level, there can be no possibility of attaining sophisticated analysis! 3.4.4 Case study: breaking into statutes 3.4.4.1 Unfair Contract Terms Act 1977 To explore methods of breaking into statutes and understanding statutes at the macro- and micro-level the rest of this chapter will deal with a real statute, the Unfair Contract Terms Act (UCTA) 1977. Figure 3.10, below, builds on the abstract general layout of Figure 3.8, above, by customising it to fit UCTA 1977. This statute will continue to be used for demonstration purposes for the rest of the chapter. The full text of the statute can be found in Appendix 1. Study Figure 3.10, below, carefully. Note which parts are linked and which are not by following the lines and arrows. Reading the summarised headings constructs a basic overview of what the statute is about. Before considering how to break into statutory language in such a way as to be able to confidently précis whole sections for the purposes of such a layout, it is important to study the layout until it is familiar and comprehensible. There are no shortcuts; this takes time.
A statute is divided into: Vocabulary • sections; Repeal— abolition of all or part of a • sub-sections; previous statute. • paragraphs; Amend— changing part of a previous • sub-paragraphs; statute. • Parts; • Schedules (at the end). Parliament can enact laws about anything—but a law may prove impossible to enforce. Legend records that one particular King of England, Canute, was humbled when he attempted to demonstrate his sovereign power by seating his throne on the beach and ordering the tide not to come in! For come in it did, much to his embarrassment. When approaching a statute as a new law student the most difficult task is understanding, at a basic macro- (wide) level, what the statute as a whole is striving to do and at the micro- (narrow) level what each section is saying. As proficiency is gained in handling statutory rules it will be found that it is not usually necessary to deal with the entire statute. The overall statute can be briefly contextualised and only relevant sections need to be extracted for detailed consideration, analysis, or application. However, ‘sections’, those micro-elements of statutes, will be all the more confidently analysed because, at any given moment, it is known how to relate any aspect of the statute to its general layout. Often, initial understanding eludes the law student. Doubts concerning the meaning of parts of the statute do not occur at the level of sophisticated analysis. They occur at the basic level of combining English language skills and legal skills to obtain foundational understanding. If doubts remain at this level, there can be no possibility of attaining sophisticated analysis! 3.4.4 Case study: breaking into statutes 3.4.4.1 Unfair Contract Terms Act 1977 To explore methods of breaking into statutes and understanding statutes at the macro- and micro-level the rest of this chapter will deal with a real statute, the Unfair Contract Terms Act (UCTA) 1977. Figure 3.10, below, builds on the abstract general layout of Figure 3.8, above, by customising it to fit UCTA 1977. This statute will continue to be used for demonstration purposes for the rest of the chapter. The full text of the statute can be found in Appendix 1. Study Figure 3.10, below, carefully. Note which parts are linked and which are not by following the lines and arrows. Reading the summarised headings constructs a basic overview of what the statute is about. Before considering how to break into statutory language in such a way as to be able to confidently précis whole sections for the purposes of such a layout, it is important to study the layout until it is familiar and comprehensible. There are no shortcuts; this takes time.
ABSTRACT
Parliament can enact laws about anything-but a law may prove impossible to enforce. Legend records that one particular King of England, Canute, was humbled when he attempted to demonstrate his sovereign power by seating his throne on the beach and ordering the tide not to come in! For come in it did, much to his embarrassment.