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- A unified theory of a law
- A unified theory of a law
- Test your legal literacy by
Legal literacy is important especially for lawyers. Many who think themselves fluent in law are, in reality, merely semi-literate. Not you? Well, why don't you test your legal literacy? See for yourself where you stand.
The question
Here is the question:
Is a motorist permitted to go through a green light?
The question seems easy. Without hesitation, we answer,
"Yes, of course, a motorist is permitted to go through a green light." Although counter-intuitive,
the answer is wrong.
The logic that took us to the wrong answer
In the course of solving problems, we reach into a repertoire of techniques acquired over the years, pull one out and apply it. We repeat the process until a particular technique returns a satisfactory solution to the problem. One of the techniques that most of us have in our repertoire is the "not" technique. The word, 'not', has two functions: 1) it excludes an object from our consideration and 2) points to the other objects that belong to the same universe as the excluded object. In short, the word 'not' is 1) an excluder and 2) a pointer. Here is an example. Suppose an object is not green. The word, 'not', excludes green from our consideration and points to other color possibilities such as red, yellow, blue, etc.
It is this technique we use to answer the question of our legal literacy test.
We reason that either
- a motorist is permitted to go through a green light or
- a motorist is not permitted to go through a green light.
Of the two alternatives, the answer that better comports with our experience as a driver and a passenger is 'Yes, a motorist is permitted to go through a green light'. The alternative, 'No, a motorist is not permitted to go through a green light' is rejected. It is at odds with our experience. We pick the best answer that our thinking technique offers us.
Why this logic takes us to the wrong answer
The 'not' technique, while useful, is flawed. It presupposes we understand the other objects that belong to the same universe as the object excluded from our consideration by the application of the word, 'not'. If we do not, the pointer function of the word, 'not', will not work. Many are led into error who are unaware that the 'not' technique harbors this flaw.
We understand the universe of colors so the pointer function of the word, 'not', when applied to the word, 'green', actually points to blue, yellow, etc. But, do we understand the universe of laws as well as our colors? When 'not' is applied to 'permitted' to what does the pointer point? What other laws occupy the same universe as a permission?
In trying to answer the question, 'Is a motorist permitted to go through a green light?', we consider a law that is a permission and then, by using the word, 'not', we exclude it from our consideration. But, 'not' is not just an excluder. 'Not' is also a pointer. It is supposed to point us to other laws. We reason that either
- a motorist is permitted to go through a green light or
- a motorist is not permitted to go through a green light.
Unfortunately, our understanding stops here at the exclusion function of the word, 'not'. The pointer function of the word, 'not' does not work because we are ignorant of the other objects that occupy the same universe as 'not' permitted.
We flunk the legal literacy test because our law schools have failed to teach us that:
a law that is not a permission is either an affirmative command or a negative command.
As strange as this sounds, most lawyers have not been taught that there are three permutations of a law. Not nineteen, not six, just three.
How about you? Did you answer the question correctly and for the right reasons? Or did you flunk? If you flunked, the next section is a short tutorial on the three permutations of a law: 1) the regulation of affirmative conduct, 2) deregulation and 3) the regulation of negative conduct. Then, in the section following the tutorial, having been enlightened, we run through the logic again.
Questions & Answers
A golfer on a fairway is 70 m away from the green, which sits below the level of the fairway by 20 m. If the golfer hits the ball at an angle of 40° with an initial speed of 20 m/s, how close to the green does she come?
A mouse of mass 200 g falls 100 m down a vertical mine shaft and lands at the bottom with a speed of 8.0 m/s. During its fall, how much work is done on the mouse by air resistance
Can you compute that for me. Ty
Jude
what is the dimension formula of energy?
Chemistry is a branch of science that deals with the study of matter,it composition,it structure and the changes it undergoes
Adjei
please, I'm a physics student and I need help in physics
Adjanou
chemistry could also be understood like the sexual attraction/repulsion of the male and female elements. the reaction varies depending on the energy differences of each given gender. + masculine -female.
Pedro
A ball is thrown straight up.it passes a 2.0m high window 7.50 m off the ground on it path up and takes 1.30 s to go past the window.what was the ball initial velocity
2. A sled plus passenger with total mass 50 kg is pulled 20 m across the snow (0.20) at constant velocity by a force directed 25° above the horizontal. Calculate (a) the work of the applied force, (b) the work of friction, and (c) the total work.
you have been hired as an espert witness in a court case involving an automobile accident. the accident involved car A of mass 1500kg which crashed into stationary car B of mass 1100kg. the driver of car A applied his brakes 15 m before he skidded and crashed into car B. after the collision, car A s
can someone explain to me, an ignorant high school student, why the trend of the graph doesn't follow the fact that the higher frequency a sound wave is, the more power it is, hence, making me think the phons output would follow this general trend?
Nevermind i just realied that the graph is the phons output for a person with normal hearing and not just the phons output of the sound waves power, I should read the entire thing next time
Joseph
Follow up question, does anyone know where I can find a graph that accuretly depicts the actual relative "power" output of sound over its frequency instead of just humans hearing
Joseph
"Generation of electrical energy from sound energy | IEEE Conference Publication | IEEE Xplore" ***ieeexplore.ieee.org/document/7150687?reload=true
Ryan
what are the types of wave
Maurice
fine, how about you?
Mohammed
A string is 3.00 m long with a mass of 5.00 g. The string is held taut with a tension of 500.00 N applied to the string. A pulse is sent down the string. How long does it take the pulse to travel the 3.00 m of the string?
Who can show me the full solution in this problem?
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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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