Meanings
Effects
Net Benefit
Meaning 1
Effect 1
Net Benefit 1
Meaning 2
Effect 2
Net Benefit 2
Meaning n
Effect n
Net Benefit n
Figure 5.4 Meanings, Effects and Net Benefits
To emphasise the point, determining net benefit relies on the process of
evaluation. Net benefit depends on the means by which costs and benefits are
valued, which in turn depends on the values which are deployed in the
process. These values can vary depending on who is performing the task - as
the proverb reminds us, one man’s meat is another man’s poison.
Summary
To bring all of this together, let us emphasise the key propositions. When
making and interpreting law a rational legislature and a rational court will look
at the options before it -
the laws it might make and the meanings of the
ambiguous provision that needs to be interpreted. Each of these causes an
effect. Therefore the task of the legislature or court is now to identify the effect
that each law or meaning is predicted to cause. Having done this, it seeks to
value each effect by determining the net benefit that it yields. The legislature or
court then proceeds to identify from among the entire range of effects the
effect that possesses the highest net benefit.
The point to this exercise is that the effect which possesses the highest
net
benefit constitutes the best effect. It represents the best outcome that can be
achieved when making or interpreting the particular law. Consequently, the
legislature enacts the law that causes this effect or the court declares as the
legally correct meaning of the ambiguous provision the meaning that causes
this effect. This is how to be rational when making and interpreting law.
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Justification for Policy
There is an overwhelming strong argument that policy is the most rational way
to reason when both making and interpreting law. This argument is simple.
Policy seeks the best achievable outcome. It is rational to want the best so it is
not rational to seek anything less. While the logic is overwhelming, there are
some other matters that need to be taken into account with regard to using
policy both for making and interpreting law.
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Christopher Enright Legal Reasoning Chapters 10-24
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