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Time: 20 hours Level: Introductory
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Introduction Resource
- This unit is designed as an introduction to the academic study of the concept of rules, but will also serve as an introduction to a variety of different writing styles that are used in the academic world....
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| | Making, interpreting and applying rules
Making, interpreting and applying rules Resource
- The aim of this unit is to introduce you to the processes of making, interpreting and applying rules.
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| | Part A Making formal rules
The meaning of formal rules Resource
- In this part, we will develop our understanding of rules further. So far we have concentrated on social rules. We looked at what is meant by this, at the way such rules develop, at the conflicts which...
The problems of rule making Resource
- It goes without saying that making rules is a complicated process. Just how complicated is illustrated by the American legal theorist Professor Lon Fuller. In his book The Morality of Law, which was first...
Summary of Part A Resource
- After studying Part A you should be able to:
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| | Part B Policy and rule making
Introduction Resource
- Formal rules do not just appear from nowhere! In this part we will be exploring how such rules are the product of a process of policy making. As an example, we will be using the Irish Government's policy...
The policy behind Ireland's ban on smoking in the workplace Resource
- In order to explore these issues, we are going to look at the introduction of a rule in the Republic of Ireland – the ban on smoking in places where people work which was introduced in 2004. What I would...
The Irish anti-smoking law Resource
- You now know what the Irish Government's arguments for introducing the smoking ban were, and have read some of the reactions to it. We are now going to turn to the law itself. The passage I want you to...
Summary of Part B Resource
- After studying Part B you should be able to:
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| | Part C How to make rules work
Introduction Resource
- We have looked at the way in which policy informs the development of rules, and you have had an opportunity to develop your reasoning skills by applying your understanding of a set of rules to some factual...
Formulating rules Resource
- Activity 4 should have shown you that the language used for making rules can sometimes make them difficult to understand. Given that we can only comply with a rule if we know what it means, this is a big...
Summary of Part C Resource
- After studying Part C you should be able to:
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| | Part D Interpreting rules
Introduction Resource
- We have seen some of the difficulties that Mrs Biggs has faced when formulating a sufficiently general and sufficiently specific rule to deal with the conduct of the visitors to her garden. In Part D we...
Interpretive strategies Resource
- One way in which we can interpret a rule is by treating it literally. Very simply this means looking at the words which comprise the rule, and at the way in which they are put together, and applying the...
Summary of Part D Resource
- After studying Part D you should be able to:
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Introduction Resource
- We have now looked at how formal rules are formulated, and at some of the strategies that may be deployed when interpreting them. In this part we will take this one step further and explore in more detail...
Applying other people's rules Resource
- The process of interpretation is very closely related to that of application. The reason is simple – before applying a rule, the person applying it must interpret it to see whether the conduct in question...
The relationship between making, interpreting and applying rules Resource
- Although the processes of making, interpreting and applying rules can be explored separately, as we have done in this unit, it is important to realise that they are all part of one larger process. A new...
Summary of Part E Resource
- After studying Part E you should be able to:
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Review of the unit's learning outcomes Resource
- After studying this unit you should be able to:
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| | References and Acknowledgements
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