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Unit of study_

Interpretation - LAWS5143

Legal interpretation is the process by which the legal meaning of a text is worked out by reference to the text considered in context and with regard to its purpose. This course deals with the principles and methods of legal interpretation. While mainly relating to statutory interpretation, the unit will also cover aspects of the law of interpretation of private law instruments, the Constitution, and treaties. The principles and methods of legal interpretation are directed to a purpose - to answer a question about contested legal meanings. The course will focus on the primary elements of interpretive practice: reading and understanding the text in its proper context, and in the light of its purpose and the objective intention of the drafter. The course will cover: * Approaches to legal interpretation, with emphasis on the function of interpretation in private and public law. * Aspects of the interpretation of private instruments - wills, contracts, testamentary dispositions, collective agreements. * Drafting and clear expression. * Principles of statutory interpretation, including the conventions of grammatical interpretation of statutes; the use of technical words; the need to read the instrument as a whole; the role and function of interpretation acts, including legislation requiring consideration of Human Rights principles; approaches to ambiguity and inconsistency of language; specific common law principles and presumptions of interpretation; the use of extrinsic aids to interpretation, and the identification of statutory purpose. * Aspects of interpretation of national and international instruments - Constitutions and treaties. Part of the course content will be taught by eminent guest lecturers from the Faculty and the profession.

Classes
2x2-hr seminars/week for 10 weeks

Assessment
3,000wd research essay (40%), 1000wd drafting exercise (20%) and end of course take home exam OR 3000wd optional additional research essay OR 3000wd long problem (40%)

Textbooks
Herzfeld Tully and Prince Interpretation and Use of Legal Sources 2013

Pre-requisites

(LAWS1002 or LAWS2008 or LAWS1015 or LAWS5002) and (LAWS2002 or LAWS1021 or LAWS5007)

Prohibitions

LAWS3443

Details

Faculty: Sydney Law School

Semester 2

05 Aug 2019

Department/School: Law
Study Mode: Normal (lecture/lab/tutorial) day
Census Date: 31 Aug 2019
Unit of study level: Postgraduate
Credit points: 6.0
EFTSL: 0.125
Available for study abroad and exchange: Yes
Faculty/department permission required? No
Location
Camperdown
More details
Unit of Study coordinator: Ms Patricia Lane
HECS Band: 3
Courses that offer this unit

Non-award/non-degree study If you wish to undertake one or more units of study (subjects) for your own interest but not towards a degree, you may enrol in single units as a non-award student. Cross-institutional study If you are from another Australian tertiary institution you may be permitted to undertake cross-institutional study in one or more units of study at the University of Sydney.

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