Chapter 6
Statutes
Introduction
Statutes
Rules
Content of Rules
Illustration
Introduction
The options before a legislature that is about to pass a statute on a subject
consist of two parts - the various statutes that a legislature can make, and the
effect that each statute will cause if enacted. This chapter discusses the first
part of this option with regard to making statute law -
the formulation of the
possible statutes that a legislature can enact.
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There are several levels to this subject. At the top level the options consist of
various versions of a statute on the particular topic. Each statute, however, is
composed of legal rules so the difference between one version of a statute and
another arises from the rules that each incorporates. Rules, however, can also
be divided into components, namely elements and consequences. Different
elements and consequences make one rule different from another.
Consequently, the ultimate difference between one statute and another on the
same subject lies in the elements and consequences that make up the rules
within the respective statutes.
Statutes
Assume that a government wishes to legislate on a topic such as education,
health care or environmental protection. The government has options because
it can legislate on the topic in any of a number of ways. These options can be
labelled Statutes 0-n and can be set out in a table in the following way:
Statutes
Statute 0
Statute 1
Statute 2
Statute n
Figure 6.1 Statutes
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Effects are discussed in Chapter 11 Effects. For general discussion of statute
law see Bennion (1983), Evershed (1956), Easterbrook (1983), Mann (1983).
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