Policy
Introduction
Policy, as has been argued above, is the only valid means of reasoning for
making and interpreting law. This introduction explains three matters
concerning policy –
the levels at which it can be analysed, its nature and its
justification.
Levels of Policy
Reasoning with policy pertains at three levels:
(1)
The policy maker seeks a specific outcome.
(2)
The policy maker seeks a generic outcome.
(3)
The policy maker seeks an overall outcome.
When an actor makes policy they are not necessarily confined to one level
because they can often move between them. It may also be possible to
combine elements of two or three levels.
Level 1: Specific Outcome
In Level 1 the actor is absolutely fixed on an outcome. In the pure and simple
case, they want something that is very specific. So, for example, Sally does
not just want a motor vehicle. Sally wants a motor vehicle of a specific type,
brand and age because Sally wants a red 1980 Buick sedan that has been
advertised, with a photograph, in the newspaper for a price of $7,500.
Where the outcome is inviolably fixed, a rational actor has to determine the
best way of attaining the outcome. If the price of the item is variable, this will
include shopping around for the best price. In Sally’s case, where the price is
fixed, it entails working out the best way to raise the $7,500 purchase price, to
secure the sale and to collect the motor vehicle.
Level 2: Generic Outcome
In Level 2 the actor desires a generic outcome. For example, if they are an
individual they may want a means of transport as distinct from specifically
yearning for a red
1980 Buick sedan. If the actor is a government they may
want an effective and efficient transport system for a city or even for the whole
nation. This may rely on one sole or major means of transport, for example,
motor vehicles. Or, as is more likely, the government can utilise a mixture of
several means of transport –
road (bus, taxi, motor vehicle), paths (cycle,
horse, pedestrian), rail (train, tram, light rail), water (water taxi, small craft,
ferry, barge) or air (aeroplane, helicopter, dirigible, cable car).
Making the point broadly, there are likely to be several combinations of
methods that will provide a decent transport system. Each of the decent
methods, while being acceptable, will produce benefits and costs of different
degrees and different kinds. Of course the most obvious benefit consists of
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