Meaning n
Effect n
Figure 11.4 Meanings and Effects
The left hand column sets out the possible meanings of the ambiguous
provision, Meanings 1-n. The right hand column sets out the effects, Effects 1-
n, which each meaning will cause if chosen as the legally correct meaning.
Effects
As these tables emphasise, each statute, each common law rule and each
meaning of an ambiguous provision will cause an effect if they become law.
There are several major propositions that must be stated in order to explain
what is meant in this context by the term ‘effect’.
First, the term ‘effect’ has a number of synonyms such as object, purpose,
outcome, result and consequences.
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In this context these words mean much
the same thing. Second, the singular form “effect” is used here purely as
convenient shorthand. In truth, the term ‘effect’ extends to the whole range of
effects that a statute, rule or meaning will cause. Third, these effects include
not only legal effects but a variety of other effects which can, for example, be
social, economic, political or psychological in nature. Fourth, these effects will
often constitute a chain or network of effects that interact with one another and
with other social phenomena. Fifth, these effects can continue for a
considerable time and even go on indefinitely.
Sixth, effects can be viewed at two points of time, namely before or after the
action to make or interpret law. Let us use making a statute as an illustration.
The effect can be viewed before the statute is made. In this case the effect is a
predicted effect. It can also be viewed after the statute is made. In this case the
effect is the actual effect even if it is not always easy to ascertain this with
certainty and precision. We can set out these two effects in the following table,
using "p" to designate predicted effect and "a" to designate actual effect:
Statute
Actual Effect
=?
Predicted Effect
Statute 0
Effect 0a
Effect 0p
Statute 1
Effect 1a
Effect 1p
Statute 2
Effect 2a
Effect 2p
Statute n
Effect na
Effect np
Figure 11.5 Statutes, Predicted Effects and Actual Effects
If our ability to predict the outcome of a law or an interpretation of a law were
perfect, the actual effect and the predicted effect would always be completely
identical. In practice they are not identical, because our capacity to predict is a
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Magat and Schroeder (1984)
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