and deciding cases) and writing secondary sources of law, the major part of
the structure is derived from the various models for working with law such as
the model for forming law and the model for using law.
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Outline of the Model
The model for writing law has five components, which are summarised here
and fleshed out in turn in subsequent chapters. These are:
(1)
Functions of a text.
(2)
Structure of a text. We consider both a general structure and a
specifically legal structure.
(3)
Characteristics of a text.
(4)
Tasks with readers.
(5)
Tasks with writing.
In order to illustrate the model the discussion often refers to a legal textbook.
It does so because this is both a common form of legal writing and a good
illustration of the method.
Functions of a Text
A legal text has one basic function –
to convey information.
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And in some
cases it has a creative function as well. The text of a statute actually creates a
law at the same time as it tells the reader what the law is. For analytical
purposes it is generally enough to refer to the function of conveying
information because the creative process is subsumed within it.
A legal text will perform one, or a combination of, three functions for a reader
regarding information. The fundamental function is to store information. To
enhance the text there are two ancillary functions – assisting a reader to retrieve
information and assisting a reader to interpret information:
(1)
Storing Information. A text stores information so that a reader can
access it. Information takes a number of forms which are not readily amenable
to a rigid classification, but the following constitutes a useful description:
(i)
It can be in the form of words. Words are mostly located in the
text itself, but may also be tables, lists, headings, citations and labels on
pictures and diagrams.
(ii)
It can be symbols.
(iii)
It can be numbers.
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Reading, it is worth noting, is communication viewed from the other end.
To read law it is first necessary to understand how to write law. Reading and
writing are complementary activities. What is written is meant to be read. In
writing the task is to create a structure, in reading, therefore, the task is to identify
this structure.
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Chapter 2 Functions of a Text
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