Legal Rules and Legal Relations: Analysing, Improving Clarity of Thinking, and Paraphrasing

Allison, N. (2019) Legal Rules and Legal Relations: Analysing, Improving Clarity of Thinking, and Paraphrasing. Language and Law – Traditions, Trends and Perspectives, Bialystok, Poland, 5-6 June 2019.

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Abstract

An essential skill of law students and law professionals is to analyse the meaning of legal rules. An essential skill for all university students in order to be effective readers is to employ a variety of reading strategies. I present an approach to cognitive reading strategies for law students to promote their analytical understanding of legal rules while also promoting effective paraphrasing of these rules. The American legal academic and jurist Wesley Hohfeld around 1913 came up with a framework of ‘jural relations’ in an attempt to improve precision in understanding and resolving legal issues in the USA. His framework, still receiving positive treatment from legal philosophers today, involves eight terms (right, duty, privilege, no-right, power, liability, immunity, disability) in a series of relationships (correlatives and opposites) and their application to the subjects of legal rules. For example, when someone has a right, someone else must have a corresponding duty (right and duty are ‘correlatives’). For the last three years I have used Hofheld’s framework in my courses for Law Masters (LLM) students at the University of Glasgow to aid them in analysing and writing descriptions of legal rules. In this presentation I explain the framework and show a practical context for its application together with classroom examples.

Item Type:Conference or Workshop Item
Keywords:English for Specific Purposes, Languages for Specific Purposes, English for Legal Purposes, reading strategies, Hohfeld, legal rules, legal discourse.
Status:Published
Refereed:No
Glasgow Author(s) Enlighten ID:Allison, Mr Neil
Authors: Allison, N.
Subjects:L Education > LB Theory and practice of education > LB2300 Higher Education
College/School:College of Arts > School of Modern Languages and Cultures
Copyright Holders:Copyright © 2020 The Author
Publisher Policy:Reproduced with the permission of the author
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