| Twining, W. and Miers, D. (1976). How to Do Things With Rules. London: Cox and Wyman, Ltd. |
....of the precedent that pertains to the issue at hand (likewise Branting, 1991, 1994) 2.2.3. A Dialectical Perspective on the Evolution of Case Law In the debate on precedent, formalistic (strict) and anti formalistic (sceptic) approaches are frequently opposed (cf. e.g. MacCormick, 1987, p. 157; Twining Miers, 1991, p. 311) The first approach construes the binding meaning of the precedent on the basis of the text of the opinion and the plausible intention of the judge. The latter approach looks beyond the text and its author, by considering interpretations given by subsequent judges, and more generally, by ....
....same time our model is also consistent with those cbr.tex; 19 06 1998; 11:16; no v. p. 17 18 Henry Prakken and Giovanni Sartor theories where the meaning of a case changes in time, being the rule of law for which a case is made to stand or is cited as authority by a subsequent interpreter (Twining Miers, 1991, p. 312) or Dworkin s view of opinions as chapters of a chain novel, to be continuously reinterpreted (Dworkin, 1985, pp. 158 ff. 2.3. Summary In sum, it appears that a complete formal or computational account of precedent based judicial reasoning should at least satisfy the following ....
Twining, W., & Miers, D. 1991. How to do Things with Rules. London: Butterworth.
....that many of the norms encountered in complex statutes and regulations can be factored into two components: a genuinely normative component, and a component that is definitional only. Consider the following example (which is a simplified form of section 74 of the Road Traffic Act 1972, cited in [TM82] All four wheeled vehicles shall carry two white lamps at the front. All two wheeled vehicles shall carry one white lamp at the front. Factoring these two norms yields the following paraphrase: All vehicles shall carry the requisite number of white lamps at the front. The requisite number of ....
W.L. Twining and D. Miers. How To Do Things With Rules. Wiedenfeld and Nicolson, London, second edition, 1982.
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Twining, W. and Miers, D. (1976). How to Do Things With Rules. London: Cox and Wyman, Ltd.
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