<< Chapter < Page Chapter >> Page >

"hands off" lawmaker

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. A "hands off" Lawmaker leaves conduct alone. A "hands off" Lawmaker does not grab conduct. There is no pushing of conduct from a Source. There is no pulling of conduct to a Recipient. A "hands off" Lawmaker is engaged in Deregulation. See also, "hands on" Lawmaker.

"hands on" lawmaker

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. A "hands on" Lawmaker grabs the throat of conduct, pushes it from a Source and pulls it toward a Recipient. A "hands on" Lawmaker does not leave conduct alone. A "hands on" Lawmaker is engaged in Regulation. See also, "hands off" Lawmaker.

If clause of a three part sentence

The if clause of a three part sentence holds facts that are necessary and sufficient for the main clause of a three part sentence to operate. The other parts of a three part sentence are a main clause and an even though clause.

Illegality

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. 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. Conduct is illegal if done or not done contrary to a command.

A law

A Law is the fruit of a process in whose first stage a Lawmaker forms an opinion about the two polarities of conduct flowing from a Source to a Recipient through circumstances and in whose second stage the opinion formed is externalized by loading it onto a vehicle for conveyance to the citizenry. A Law with regard to any particular instance of conduct flowing from a Source to a Recipient through circumstances comes in any of three permutations: 1) Affirmative Regulation, 2) Deregulation and 3) Negative Regulation.

Lawmaker

A Lawmaker is the person who picks one permutation of a law from a total of three and applies it to conduct flowing from a Source to a Recipient through circumstances. A Lawmaker is perched at the acme of the Triangle of a Law and despises the facts at its base.

Lawmaking

The process of making a law consists of a Lawmaker forming an opinion about the two polarities of conduct flowing from a Source to a Recipient through circumstances and, having formed an opinion, externalizing it by loading it onto a vehicle for conveyance to the citizenry. The process boils down to a Lawmaker picking one of the three permutations of a law and applying it to the facts. A legal thinker needs to be mindful of the following in trying to understand a law:
  • 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).
A law can be discussed within any of these four "contexts" and it is helpful to the legal thinker to know in which context she is located when talking about a law.

Get Jobilize Job Search Mobile App in your pocket Now!

Get it on Google Play Download on the App Store Now




Source:  OpenStax, A unified theory of a law. OpenStax CNX. Mar 25, 2011 Download for free at http://cnx.org/content/col10670/1.106
Google Play and the Google Play logo are trademarks of Google Inc.

Notification Switch

Would you like to follow the 'A unified theory of a law' conversation and receive update notifications?

Ask