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0.4 The formation of a lawmaker's opinion  (Page 2/3)

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Creating four handles to make it easier to carry the four opinions around

Sometimes the opinions of a Lawmaker are difficult to lift into and out of our understanding. By assigning a number and polarity to each of the four opinions we can build "handles" that make it easier for us to pick them up and carry them around.
Borrowing from the binary language of computers, let us assign the number, 0, to represent an opinion where like or dislike are absent. 1 will represent an opinion where like or dislike are present. To indicate whether the opinion is about affirmative conduct or about negative conduct, let us use a + sign to indicate affirmative conduct and a - sign to indicate negative conduct. Hence, affirmative conduct has two opinions: +1 and +0. Negative conduct has two opinions: -1 and -0. The 1 opinions are at the ends of the spectrum of opinions and the 0 opinions are at the middle. 0 is used to represent an absence. 1 is used to represent a presence. A 0 opinion of the same polarity as a 1 opinion simply excludes the 1 opinion from our consideration and points to the other two opinions of the opposite polarity.
  • +1 = When a Lawmaker likes conduct, a desire to turn on the flow of conduct arises.
  • +0 = When a Lawmaker does not like conduct, a desire to turn on the flow of conduct does not arise.
  • -0 = When a Lawmaker does not dislike conduct, a desire to turn off the flow of conduct does not arise.
  • -1 = When a Lawmaker dislikes conduct, a desire to turn off the flow of conduct arises.

It takes two opinions to make one permutation of a law

The four opinions of a Lawmaker constitute the three permutations of a law. A permutation of a law arises from the opinions of a Lawmaker.
Let me again inject a word of warning. A trap lurks in the path of a legal thinker who does not give the concept of polarity its due. A Lawmaker's opinion has two components: 1) affirmative conduct and 2) negative conduct. To clearly understand a permutation of a law, a legal thinker must consider both affirmative conduct and negative conduct not just one or the other. Many legal thinkers have yet to realize that IT TAKES TWO OPINIONS TO MAKE ONE PERMUTATION OF A LAW. Like the double helix of DNA, a pair of opinions constitutes a permutation of a law.

The spectrum of opinions from which the three permutations of a law are made
-1 -0 +0 +1
Negative Regulation Deregulation or Affirmative Regulation Deregulation or Negative Regulation Affirmative Regulation
Negative Conduct Affirmative Conduct
A Lawmaker dislikes the conduct A Lawmaker does not dislike the conduct A Lawmaker does not like the conduct A Lawmaker likes the conduct
Focus is on neither Source nor Recipient
A Lawmaker desires that the flow of conduct be turned off A Lawmaker does not desire that the flow of conduct be turned off A Lawmaker does desire that the flow of conduct be turned on A Lawmaker desires that the flow of conduct be turned on
Focus is on the Source
A Lawmaker desires a Source to not do the conduct. A Lawmaker lacks a desire for a Source to not do the conduct. A Lawmaker lacks a desire for a Source to do the conduct. A Lawmaker desires a Source to do the conduct.
Focus is on the Recipient
A Lawmaker desires a Recipient to not receive the conduct. A Lawmaker lacks a desire for a Recipient to not receive the conduct. A Lawmaker lacks a desire for a Recipient to receive the conduct. A Lawmaker desires a Recipient to receive the conduct.
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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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