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- A unified theory of a law
- A unified theory of a law
- Glossary of a unified theory of
Leave it alone
A
METAPHOR helps us to understand what a Lawmaker does and does not do in Regulation and Deregulation. The image of the metaphor involves the hands of a Lawmaker and conduct. Leaving it alone explains what a Lawmaker is not doing during Deregulation. During Deregulation the Lawmaker leaves the conduct alone. There is no push. There is no pull. The Lawmaker is "hands off". A Lawmaker lacks a desire for affirmative conduct and lacks a desire for negative conduct.
Legality
Conduct is legal in two ways but illegal in only one. Conduct is legal if done or not done in accordance with a permission or a command. Conduct is illegal if done or not done contrary to a command. In other words, conduct is legal if the conduct is mandatory or if the conduct is permissible. Being mandatory and being permissible are two entirely different things.
Legal discourse, recommendations
Talking about a law is different than talking about a cheese or talking about a car. Although a law is simple, its nature is different than a cheese or a car. Therefore, it is recommended that the legal thinker be mindful of the "context" of any legal discourse. All legal discourse that takes place within four "contexts":
- the
OPINION of a Lawmaker (four are possible and two - one for each polarity - are needed to constitute a permutation of a law),
- the
VEHICLES that convey the opinion of a Lawmaker (there are three for Regulation and three for Deregulation),
- the
METAPHOR helping us to understand what a Lawmaker does and does not do in Regulation and Deregulation and
- the
FOCUS of a Lawmaker on conduct flowing from a Source to a Recipient through circumstances (there are three).
It is important for a legal thinker to be aware of the "context" of a legal discussion. All too often, participants blunder from one context to another context haphazardly. For instance, one participant in legal discourse may be focusing on the Source doing conduct while another upon the Recipient receiving conduct. This leads to confusion. Shifting from context to context is fine if it is done purposefully.
Legal fission
A Unified Theory of a Law is powered by the insight that legal fission is possible. The physics of legal fission postulate that a law can be split into two components: 1) its words and 2) its structure. They exist independently of each other. Together they constitute a law. While many have taken notice of the words of a law, knowledge of the structure of a law is still rare. The words, like ornaments, adorn the structure of a law. The words change; but the structure stays the same. Like the DNA of a cell, the structure of a law repeats itself over and over again in every instance of a law. To generate a law's meaning, both its words and structure cooperate. Anyone who wishes to push meaning into or pull meaning out of a law must be mindful of a law's structure. Any failure to respect the structure of a law generates inscrutable legalese and legal misunderstanding.
Legal thinker
A Legal Thinker observes the process of making a law.
Source:
OpenStax, A unified theory of a law. OpenStax CNX. Mar 25, 2011 Download for free at http://cnx.org/content/col10670/1.106
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