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dc.contributor.advisorPaterson, D
dc.contributor.authorGrant, Malcolm J.en_NZ
dc.date.available2012-12-14T04:41:09Z
dc.date.copyright1972en_NZ
dc.identifier.citationGrant, M. J. (1972). Aspects of uncertainty in private and public law (Thesis, Master of Laws). University of Otago. Retrieved from http://hdl.handle.net/10523/2971en
dc.identifier.urihttp://hdl.handle.net/10523/2971
dc.descriptionxvi, 260, 6, 18, 10, 4, 21 leaves :ill. ; 30 cm. Includes bibliographical references. University of Otago department: Law.en_NZ
dc.description.abstractPREFACE “Nothing contributes to the certainty of laws (whereof I am now treating), as to keep the authentic writings within moderate bounds, and to get rid of the enormous multitude of authors and doctors of laws. For by them the meaning of laws is distracted, the judge is perplexed, and the advocate himself, as he cannot peruse and master so many books, takes refuge in abridgements.” Francis Bacon (Spedding, (Ed.) The Works of Francis Bacon, Vol.5, p.104.) This thesis, though written in contravention of Bacon's strictures, nonetheless dares to discuss the problem of uncertainty in laws, together with uncertainty in various types of legal instruments. The work was not intended as jurisprudential, although the topic is one which tends itself to such analysis, but rather as a study, through the cases, of a dilemma in which the courts frequently find themselves - the dilemma of whether to hold an unclear provision void for uncertainty, or alternatively to accord it what meaning they can, even though it be no more than a guess at the author's intention. My main interest was with the so-called "test" of certainty in public law instruments, where the origin, status and extent of application of the test are all obscure, but the study was extended to include the more common private law instruments in order to provide a basis for comparison.
dc.format.mimetypeapplication/pdf
dc.language.isoenen_NZ
dc.publisherUniversity of Otagoen_NZ
dc.rightsAll items in OUR Archive are provided for private study and research purposes and are protected by copyright with all rights reserved unless otherwise indicated.en_NZ
dc.titleAspects of uncertainty in private and public lawen_NZ
dc.typeThesisen_NZ
thesis.degree.disciplineLawen_NZ
thesis.degree.nameMaster of Lawsen_NZ
thesis.degree.grantorUniversity of Otagoen_NZ
thesis.degree.levelMastersen_NZ
otago.interloanyesen_NZ
otago.openaccessOpen
dc.identifier.voyager598333en_NZ
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