Reading Law
As explained above, dividing a rule into its elements and consequences is a
prelude to writing a coherent account of the rule. However, reading law is a
complementary activity to writing law so elements and consequences are also
an aid to reading a legal text. A reader simply seeks the structure in the text
whereby the rule is divided into its elements and consequences. If the text is
well written, the structure will be apparent. If it is not well written, it is all the
more reason for the reader to look for the structure intently, and if necessary
and possible, substitute for the writer’s lack of structure by furnishing their
own.
Understanding and Remembering Law
Since organising law is the key to writing and reading law it is also the key to
understanding and remembering law. Elements and consequences are the
natural components of a rule and they set the rule up to be used – hence they
provide a simple framework for understanding and remembering law.
To understand and remember a legal rule first up it is necessary to identify the
elements. To illustrate this, the elements of trespass to land are set out in
Figure 4.6. Setting out the elements like this provides a simple portrait of the
mainstay of the rule. In the diagram there is a one word summary of each
element –
land, possession, interference, intention, permission and defences
(although two or more words can be used if required).
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This is done to
facilitate understanding, remembering and writing law. Because of this
summary the elements have been reduced to six words
that capture the
essence of these elements.
To learn the elements in more detail, it is necessary to go to all the various
subdivisions of the elements. There is an illustration of how to approach this in
Figure 4.7 that subdivides the element ‘land’ into two levels. As before, the
subelements are abbreviated, this time to expressions of one or two words. At
the first level, land is subdivided into ‘surface’ and ‘strata’. Each of these is
further subdivided to one level. Surface land is extended or defined by ‘air
space’, ‘subsoil’, the ‘middle line’ and ‘fixtures’. These, by the way, can be
represented in an alternative means by their location to the land –
above,
below, beside and on.
Obviously to understand the tort fully it would be necessary to complete the
micro analysis of the rule that was started in Figures 4.6 and 4.7. As this
illustration shows, structuring a legal rule makes it easy to understand. This
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Using just one word has the advantages of simplicity and brevity. In some
cases, however, using more than one word may better capture the element for
you. The simple advice is to do what works best for you.
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