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A Unified Theory of a Law - download pdf or read online

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By John Bosco

The limits that outline a legislation were chanced on, explored and mapped. A Unified conception of a legislation is the map. Take it with you in your trip in the course of the criminal international.

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Extra resources for A Unified Theory of a Law

Example text

At other times, a Lawmaker does not want to regulate either the affirmative conduct or the negative conduct. When there is an absence of intervention by a Lawmaker in both affirmative and negative conduct, a Lawmaker is allowing the Source of conduct to make the decision. This is called deregulation. In deregulation, the Source has autonomy, liberty and freedom. It is up to the Source to decide. You cannot tell whether or not a Lawmaker has put the decision whether or not to engage in conduct into the hands of a Source of conduct or reserved it to himself without looking at the pair of opinions a Lawmaker forms about each polarity of conduct.

Why is it not both? Why can it not be said that a Lawmaker issues a permission allowing a motorist to drive through a green light and a command ordering a motorist to drive through a green light? Why cannot "Thou may drive through a green light" and "Thou shall drive through a green light" coexist? Driving through a green light is the affirmative polarity of conduct. Viewing this affirmative polarity of conduct in the 'context' of the METAPHOR of Lawmaking, a Lawmaker can be either "hands on" or "hands off" with regard to it.

It is usually pathological. The legal situation can often be reinterpreted to conform to the doctrine of A Unified Theory of a Law instead of warping it. One example of a legal thinker trying to warp the doctrine of A Unified Theory of a Law occurs when an attempt is made to disconnect a Source from a Recipient in a flow of conduct. A flow of conduct from a Source to a Recipient in circumstances is implacable. Therefore, it is factually impossible to disconnect its Source and Recipient. Hence, when a legal thinker wants to give the Source a duty to do the affirmative conduct but give the Recipient a no-right to receive the affirmative conduct, A Unified Theory of a Law tells us that this is impossible.

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A Unified Theory of a Law by John Bosco


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