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Chapter
![In the same way that religious texts can be said to be literature in terms of both prose and poetry, so the law report can also be considered as a literary text. The illustrations and aside comments made by judges in their judgments may be complex, relating to politics, history, art, religion, literature and so on. Quotations may be given in different languages and reports can sometimes be liberally peppered with Latin legal maxims (see Figure 4.10, below, for some of the most common). Law reports are complex pieces of written English and, therefore, of double difficulty to students in terms of their legal content and, generally, in terms of their sophisticated English usage. All judges have different ways of expressing themselves but they all share seniority within the English legal system. Unlike other jurisdictions there is no such concept as the career judge. Promotion to the ‘bench’ occurs as recognition of years of proven ability, usually, as a barrister. However, lower ranks of the judiciary are now appointed from successful solicitors. Therefore, although law students are very new to the enterprise of law, they are called upon to engage in sophisticated evaluation of the highly competent analysis of the English legal system’s most senior judges, who combine years of successful practice with excellent skills in language usage and technical substantive law ability. These judges may discuss several complex issues simultaneously, applying and interpreting the law to the facts of specific disputes. The student is, therefore, confronted by excellent and sophisticated written texts. What is required is for the student to obtain: • a good grasp of the relevant area of substantive law; • an appreciation of issues relating to language usage; • an understanding of the doctrine of precedent in practice; • a familiarity with statute; • a sound foundation in the mechanics of argument construction to make initial sense of the text. Judges are social actors with their own preferences who attempt to act fairly in judgment despite themselves and their natural inclinations. However, at root a judgment is a subjective text and a student’s or a lawyer’s interpretation of that text is also subjective. Any interpretation should be tested against the text and evaluated to see if it is a plausible reading. As noted already in Chapter 2, the language of the law tries to be injected with scientific objectivity, but flounders because of the imprecision of language. 4.5.2A case study of George Mitchell (Chesterhall) Ltd v Finney Lock Seeds [1983] 2 All ER 732–44 One law report will now be considered in depth in order to demonstrate one method of reading, note taking, evaluating and using a case to construct arguments. It will, initially, be approached as a sophisticated English comprehension exercise. This will demonstrate how far one can get by meticulous reading in the absence of detailed knowledge of a particular area of law (in this case, the law of contract). No assumptions will be made concerning the reader’s knowledge of the law of contract.](https://images.tandf.co.uk/common/jackets/crclarge/978185941/9781859417836.jpg "In the same way that religious texts can be said to be literature in terms of both prose and poetry, so the law report can also be considered as a literary text. The illustrations and aside comments made by judges in their judgments may be complex, relating to politics, history, art, religion, literature and so on. Quotations may be given in different languages and reports can sometimes be liberally peppered with Latin legal maxims (see Figure 4.10, below, for some of the most common). Law reports are complex pieces of written English and, therefore, of double difficulty to students in terms of their legal content and, generally, in terms of their sophisticated English usage. All judges have different ways of expressing themselves but they all share seniority within the English legal system. Unlike other jurisdictions there is no such concept as the career judge. Promotion to the ‘bench’ occurs as recognition of years of proven ability, usually, as a barrister. However, lower ranks of the judiciary are now appointed from successful solicitors. Therefore, although law students are very new to the enterprise of law, they are called upon to engage in sophisticated evaluation of the highly competent analysis of the English legal system’s most senior judges, who combine years of successful practice with excellent skills in language usage and technical substantive law ability. These judges may discuss several complex issues simultaneously, applying and interpreting the law to the facts of specific disputes. The student is, therefore, confronted by excellent and sophisticated written texts. What is required is for the student to obtain: • a good grasp of the relevant area of substantive law; • an appreciation of issues relating to language usage; • an understanding of the doctrine of precedent in practice; • a familiarity with statute; • a sound foundation in the mechanics of argument construction to make initial sense of the text. Judges are social actors with their own preferences who attempt to act fairly in judgment despite themselves and their natural inclinations. However, at root a judgment is a subjective text and a student’s or a lawyer’s interpretation of that text is also subjective. Any interpretation should be tested against the text and evaluated to see if it is a plausible reading. As noted already in Chapter 2, the language of the law tries to be injected with scientific objectivity, but flounders because of the imprecision of language. 4.5.2A case study of George Mitchell (Chesterhall) Ltd v Finney Lock Seeds [1983] 2 All ER 732–44 One law report will now be considered in depth in order to demonstrate one method of reading, note taking, evaluating and using a case to construct arguments. It will, initially, be approached as a sophisticated English comprehension exercise. This will demonstrate how far one can get by meticulous reading in the absence of detailed knowledge of a particular area of law (in this case, the law of contract). No assumptions will be made concerning the reader’s knowledge of the law of contract.")
Chapter
In the same way that religious texts can be said to be literature in terms of both prose and poetry, so the law report can also be considered as a literary text. The illustrations and aside comments made by judges in their judgments may be complex, relating to politics, history, art, religion, literature and so on. Quotations may be given in different languages and reports can sometimes be liberally peppered with Latin legal maxims (see Figure 4.10, below, for some of the most common). Law reports are complex pieces of written English and, therefore, of double difficulty to students in terms of their legal content and, generally, in terms of their sophisticated English usage. All judges have different ways of expressing themselves but they all share seniority within the English legal system. Unlike other jurisdictions there is no such concept as the career judge. Promotion to the ‘bench’ occurs as recognition of years of proven ability, usually, as a barrister. However, lower ranks of the judiciary are now appointed from successful solicitors. Therefore, although law students are very new to the enterprise of law, they are called upon to engage in sophisticated evaluation of the highly competent analysis of the English legal system’s most senior judges, who combine years of successful practice with excellent skills in language usage and technical substantive law ability. These judges may discuss several complex issues simultaneously, applying and interpreting the law to the facts of specific disputes. The student is, therefore, confronted by excellent and sophisticated written texts. What is required is for the student to obtain: • a good grasp of the relevant area of substantive law; • an appreciation of issues relating to language usage; • an understanding of the doctrine of precedent in practice; • a familiarity with statute; • a sound foundation in the mechanics of argument construction to make initial sense of the text. Judges are social actors with their own preferences who attempt to act fairly in judgment despite themselves and their natural inclinations. However, at root a judgment is a subjective text and a student’s or a lawyer’s interpretation of that text is also subjective. Any interpretation should be tested against the text and evaluated to see if it is a plausible reading. As noted already in Chapter 2, the language of the law tries to be injected with scientific objectivity, but flounders because of the imprecision of language. 4.5.2A case study of George Mitchell (Chesterhall) Ltd v Finney Lock Seeds [1983] 2 All ER 732–44 One law report will now be considered in depth in order to demonstrate one method of reading, note taking, evaluating and using a case to construct arguments. It will, initially, be approached as a sophisticated English comprehension exercise. This will demonstrate how far one can get by meticulous reading in the absence of detailed knowledge of a particular area of law (in this case, the law of contract). No assumptions will be made concerning the reader’s knowledge of the law of contract.
DOI link for In the same way that religious texts can be said to be literature in terms of both prose and poetry, so the law report can also be considered as a literary text. The illustrations and aside comments made by judges in their judgments may be complex, relating to politics, history, art, religion, literature and so on. Quotations may be given in different languages and reports can sometimes be liberally peppered with Latin legal maxims (see Figure 4.10, below, for some of the most common). Law reports are complex pieces of written English and, therefore, of double difficulty to students in terms of their legal content and, generally, in terms of their sophisticated English usage. All judges have different ways of expressing themselves but they all share seniority within the English legal system. Unlike other jurisdictions there is no such concept as the career judge. Promotion to the ‘bench’ occurs as recognition of years of proven ability, usually, as a barrister. However, lower ranks of the judiciary are now appointed from successful solicitors. Therefore, although law students are very new to the enterprise of law, they are called upon to engage in sophisticated evaluation of the highly competent analysis of the English legal system’s most senior judges, who combine years of successful practice with excellent skills in language usage and technical substantive law ability. These judges may discuss several complex issues simultaneously, applying and interpreting the law to the facts of specific disputes. The student is, therefore, confronted by excellent and sophisticated written texts. What is required is for the student to obtain: • a good grasp of the relevant area of substantive law; • an appreciation of issues relating to language usage; • an understanding of the doctrine of precedent in practice; • a familiarity with statute; • a sound foundation in the mechanics of argument construction to make initial sense of the text. Judges are social actors with their own preferences who attempt to act fairly in judgment despite themselves and their natural inclinations. However, at root a judgment is a subjective text and a student’s or a lawyer’s interpretation of that text is also subjective. Any interpretation should be tested against the text and evaluated to see if it is a plausible reading. As noted already in Chapter 2, the language of the law tries to be injected with scientific objectivity, but flounders because of the imprecision of language. 4.5.2A case study of George Mitchell (Chesterhall) Ltd v Finney Lock Seeds [1983] 2 All ER 732–44 One law report will now be considered in depth in order to demonstrate one method of reading, note taking, evaluating and using a case to construct arguments. It will, initially, be approached as a sophisticated English comprehension exercise. This will demonstrate how far one can get by meticulous reading in the absence of detailed knowledge of a particular area of law (in this case, the law of contract). No assumptions will be made concerning the reader’s knowledge of the law of contract.
In the same way that religious texts can be said to be literature in terms of both prose and poetry, so the law report can also be considered as a literary text. The illustrations and aside comments made by judges in their judgments may be complex, relating to politics, history, art, religion, literature and so on. Quotations may be given in different languages and reports can sometimes be liberally peppered with Latin legal maxims (see Figure 4.10, below, for some of the most common). Law reports are complex pieces of written English and, therefore, of double difficulty to students in terms of their legal content and, generally, in terms of their sophisticated English usage. All judges have different ways of expressing themselves but they all share seniority within the English legal system. Unlike other jurisdictions there is no such concept as the career judge. Promotion to the ‘bench’ occurs as recognition of years of proven ability, usually, as a barrister. However, lower ranks of the judiciary are now appointed from successful solicitors. Therefore, although law students are very new to the enterprise of law, they are called upon to engage in sophisticated evaluation of the highly competent analysis of the English legal system’s most senior judges, who combine years of successful practice with excellent skills in language usage and technical substantive law ability. These judges may discuss several complex issues simultaneously, applying and interpreting the law to the facts of specific disputes. The student is, therefore, confronted by excellent and sophisticated written texts. What is required is for the student to obtain: • a good grasp of the relevant area of substantive law; • an appreciation of issues relating to language usage; • an understanding of the doctrine of precedent in practice; • a familiarity with statute; • a sound foundation in the mechanics of argument construction to make initial sense of the text. Judges are social actors with their own preferences who attempt to act fairly in judgment despite themselves and their natural inclinations. However, at root a judgment is a subjective text and a student’s or a lawyer’s interpretation of that text is also subjective. Any interpretation should be tested against the text and evaluated to see if it is a plausible reading. As noted already in Chapter 2, the language of the law tries to be injected with scientific objectivity, but flounders because of the imprecision of language. 4.5.2A case study of George Mitchell (Chesterhall) Ltd v Finney Lock Seeds [1983] 2 All ER 732–44 One law report will now be considered in depth in order to demonstrate one method of reading, note taking, evaluating and using a case to construct arguments. It will, initially, be approached as a sophisticated English comprehension exercise. This will demonstrate how far one can get by meticulous reading in the absence of detailed knowledge of a particular area of law (in this case, the law of contract). No assumptions will be made concerning the reader’s knowledge of the law of contract.
ABSTRACT
All judges have different ways of expressing themselves but they all share seniority within the English legal system. Unlike other jurisdictions there is no such concept as the career judge. Promotion to the ‘bench’ occurs as recognition of years of proven ability, usually, as a barrister. However, lower ranks of the judiciary are now appointed from successful solicitors.
