30 October 2013

Dworkin and Gul Continued

This post readdresses the problem alluded to in my conclusion in 'R v Gul and Dworkin's Model': I admitted to a difficulty in applying a short paragraph in Law's Empire to R v Gul [2013] UKSC 64. This post does not go into as much depth as the topic allows, because I aim to develop the material into a (peer-review-worthy) article; if I write everything here, I preclude that option. Therefore I give just enough information to dissolve the previous difficulty and show my thought-process. This is, then, almost a long abstract for a future enquiry.

26 October 2013

R v Gul and Dworkin's Model

Ronald Dworkin explains the legal process in Law's Empire. Students may benefit from reading this and other jurisprudence. This post attempts to explain how a short paragraph in Law's Empire may help students understand what happens in case law.

23 October 2013

Re C (A Child): Rearranging the Structure

Re C (A Child) involves J's future. J is a child, whose name is protected. The court had to determine whether J's grandparent should care for J or whether J should be adopted. The law recognises that to disrupt a family in this manner is distressing and it would be better if such decisions were unnecessary. When forced adoption is a possibility the court must follow strict guidelines before the order can be made. This analysis shows how the appeal court rearranged the lower court's judgment to show the proper guidelines were followed, but their following could have been explained better.

19 October 2013

R v Speed: Tactical Reasoning

This brief analysis considers R v Speed. Lord Justice Rix recognises the defence is tactical but ultimately dismisses the claim that the trial judge erred when directing the jury about evidence.

17 October 2013

No Mysteries, Please: Tell Readers Everything

In a post considering JBS Haldane, I observed that readers rarely guess what happens next. This may lend to the mystery genre's popularity. Mystery is difficult to get right--how much to tell, keep secret, and misinform about is a careful balance that may deflate expectations or cause too much frustration. Legal writing should be approached differently, and for that reason is equally difficult to get right. This short post discusses styles and practices that may make legal writing noteworthy.

12 October 2013

Alienation in Law School

This post begins with an exploration of law's alienating facets. I follow this with some words about Lord Thomas CJ's remarks in the revised Criminal Practice Directions 2013 (CPD).1 I use this analysis to qualify some observations in two of my other posts; one about legal peculiarities and one about analytical discrimination.

10 October 2013

Sartre's Words: A Difference between Law and Fiction

Words by JP Sartre, Irene Clephane translation (pp 158, Penguin Books in association with Hamish Hamilton 1974)

This brief post explores a single remark made by Jean-Paul Sartre in his autobiography. I use the remark to show how inadequacies in fiction may be adequate in law.

5 October 2013

Percy v DPP: Introducing Free Expression's Format

This post offers an analysis of Percy v DPP. My aim is to introduce the structure of ECHR Art 10 and the idea of appeals by way of case stated with an example.

3 October 2013

V v Judgments

This post explains the pronunciation and spelling of two legal peculiarities, 'v' and 'judgment'. A variation of the latter is noted. I conclude with some remarks about how oppressive these conventions can seem to law students.