5.3 Summary of Part D

After studying Part D you should be able to:

  • explain the difficulties of interpreting written statements;

  • explain what is meant by indeterminacy;

  • explain what is meant by interpretive strategies;

  • describe the literal approach to interpretation;

  • describe the approach to interpretation which seeks to avoid absurdity;

  • describe the approach to interpretation which looks t
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5.2.3 Looking at the intention of the rule-maker

To resolve these problems, a rule-applier may adopt a yet broader interpretive strategy. This involves attempting to work out what the intention of the rule-maker was when the rule was formulated. In other words, it means going beyond or outside the language of the rule itself. In the context of a statute (i.e. an Act of Parliament), this may involve the rule-applier (the judge) looking at the law that existed before the statute was enacted and working out what the problem with that la
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5.2.2 Avoiding absurdity

One such strategy is to be as true to the literal meaning as is possible but to ensure, so far as the words allow, an interpretation which avoids absurdity. In the case of the rule I have just set out, this would mean an interpretation which ensured that only those customers who had caused breakages were obliged to pay for them.

This approach works well in most cases, but not always. Take, for example, another rule posted up in a shop selling china and glass:

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5.1 Introduction

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 take things a step further by looking at some of the difficulties which may arise when it comes to interpreting rules such as the one developed (with your help) by Mrs Biggs. In particular, we will be exploring the way in which our understanding of the language used in rules affects our interp
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4.1 Introduction

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 situations. One of the issues which came out of Part B was that sometimes in applying rules the language in which the rules are written makes it difficult to know exactly what is meant. In Part C we will be looking at this problem in a little more detail. In particular, we will be looking a
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4 Why do social workers need to know about the law?

From our discussion of social work and the meaning of law you will already have some answers to this question. We will now bring them together and relate them to wider debates about the content of the social work curriculum.

We have seen that there are few right answers in social work. However, if practitioners do not know where they stand legally they cannot begin to do their job properly because they will not be able to give appropriate advice and support to service users. They will a
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3.6 Accountability

We have discovered that legal rules and principles are often more flexible than first imagined, but they still set the boundaries of permissible action and create a framework for decision making to which social workers are accountable. We have also seen that accountability is essential if power is to be kept in check and some of the negative effects of discretion are to be avoided. Decisions must be transparent, and the process by which they are made must be fair, reasonable and within legal
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2.3 Social work and social change

The social work profession in Scotland is undergoing a period of significant change at the beginning of the twenty-first century. In a process which largely mirrors developments across the UK, new systems for the education and regulation of social workers have been introduced to improve standards in the provision of social services, to raise public confidence and protect service users. For the first time entrants to the profession are required to obtain an undergraduate degree in social work,
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2.1 First impressions

Newspaper headlines often project an image of social work under stress. Over the past two decades a number of events have raised serious questions about social work practice: there has been fierce debate in relation to child protection issues, over changes within the criminal justice system (for example the introduction of anti-social behaviour orders) and the effectiveness of community care. There have also been well-documented tragedies and errors of judgement, including recent inquiries in
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1 The importance of law in social work education

In this unit you will be asked to reflect on the meanings of both social work and law. You will find that these concepts are open to a range of possible definitions, and that the functions of social work and law can change depending on the practice context. Their meaning is also affected by the perspective from which they are viewed, for example the service user's experience of social work and law will not always match the expectations of the professional, or the perceptions of the general pu
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5 Conclusion
Social work is a dynamic profession that is undergoing a period of significant change in Scotland. Social workers have the power to make assessments and decisions that radically alter people's lives. This unit introduces the law as it relates to social work and encourages an understanding of the context of the law in order to make sound decisions.
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4 Why do social workers need to know about the law?
Social work is a dynamic profession that is undergoing a period of significant change in Scotland. Social workers have the power to make assessments and decisions that radically alter people's lives. This unit introduces the law as it relates to social work and encourages an understanding of the context of the law in order to make sound decisions.
Author(s): The Open University

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3.6 Accountability
Social work is a dynamic profession that is undergoing a period of significant change in Scotland. Social workers have the power to make assessments and decisions that radically alter people's lives. This unit introduces the law as it relates to social work and encourages an understanding of the context of the law in order to make sound decisions.
Author(s): The Open University

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3.4 Understanding legal rules
Social work is a dynamic profession that is undergoing a period of significant change in Scotland. Social workers have the power to make assessments and decisions that radically alter people's lives. This unit introduces the law as it relates to social work and encourages an understanding of the context of the law in order to make sound decisions.
Author(s): The Open University

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3.3 How is law made?
Social work is a dynamic profession that is undergoing a period of significant change in Scotland. Social workers have the power to make assessments and decisions that radically alter people's lives. This unit introduces the law as it relates to social work and encourages an understanding of the context of the law in order to make sound decisions.
Author(s): The Open University

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3.2 Law in action vs law in books
Social work is a dynamic profession that is undergoing a period of significant change in Scotland. Social workers have the power to make assessments and decisions that radically alter people's lives. This unit introduces the law as it relates to social work and encourages an understanding of the context of the law in order to make sound decisions.
Author(s): The Open University

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3.3 What were the fundamental human rights which required protection?

Earlier in this unit you explored why certain rights were considered to be basic human rights. These can be described as those rights of individuals or groups relating to human dignity and fundamental freedoms, which require legal protection from adverse interference by the state, where those rights derive from the fact of being human. Such rights can be traced back to two aspects of international law, namely customary international law and treaty law. The former derives from the customs adop
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11.164 Human Rights in Theory and Practice (MIT)
This course provides a rigorous and critical introduction to the foundation, structure and operation of the international human rights movement. It includes leading theoretical and institutional issues and the functioning of the international human rights mechanisms including non-governmental and inter-governmental ones. It covers cutting-edge human rights issues including gender and race discrimination, religion and state, national security and terrorism, globalization and human rights, and tec
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Going to the physiotherapist - making an appointment -- Prendre un rendez-vous chez drawer kiné
Phoning up to make an appointment with the physiotherapist and providing more information about your injury and how it happened.
Author(s): Vlaams Ministerie Van Onderwijs En Vorming

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Rights not set

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