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Unit of study_
LAWS3443: Interpretation
2024 unit information
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.
Unit details and rules
Managing faculty or University school:
Law
| Code | LAWS3443 |
|---|---|
| Academic unit | Law |
| Credit points | 6 |
|
Prerequisites:
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LAWS1015 and LAWS1021 |
|---|---|
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Corequisites:
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None |
| Prohibitions:
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LAWS5143 |
| Assumed knowledge:
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None |
At the completion of this unit, you should be able to:
- LO1. analyse the nature of legal interpretation and its role in the legal system.
- LO2. evaluate different methods employed in the task of interpretation.
- LO3. critically examine the guiding principles underlying legal interpretation and apply them in relevant contexts.
- LO4. synthesise practical experience gained during the course to create effective legal texts.
Unit availability
This section lists the session, attendance modes and locations the unit is available in. There is a unit outline for each of the unit availabilities, which gives you information about the unit including assessment details and a schedule of weekly activities.
The outline is published 2 weeks before the first day of teaching. You can look at previous outlines for a guide to the details of a unit.
| Session | MoA ? | Location | Outline ? |
|---|---|---|---|
|
Semester 2 2024
|
Normal day | Camperdown/Darlington, Sydney |
Outline unavailable
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Modes of attendance (MoA)
This refers to the Mode of attendance (MoA) for the unit as it appears when you’re selecting your units in Sydney Student. Find more information about modes of attendance on our website.
