Fourth, a statute can prescribe some other detrimental consequences. These
consequences are similar to criminal offences. Examples of such statutes are
those providing for dismissal from office, forfeiture of some right or privilege,
or disentitlement to some benefit.
Provision of Benefits and Services
A statute may authorise conferment of benefits or provision of services. One
example consists of things such as pensions, allowances and subsidies.
Typically the statute will vest a discretion in an official, allowing them to confer
the benefit or provide the service. It is possible though, that the rule confers
the benefit or provides the service as a right, and not as a mere discretionary
entitlement.
Provision of Beneficial Consequences
A statute may provide a procedure, which if followed will result in certain
beneficial consequences. There is no obligation to observe or follow the
procedures, except in the sense that to achieve the consequences it is
necessary to follow the procedures. Examples of these are statutes prescribing
the form of wills, providing for the formation of companies, and providing for
the transfer of property.
Regulation
Many statutes regulate an occupation or activity. Typically there will be two
main provisions. There is a provision forbidding anyone to perform an activity
without a licence. There is a provision for licensing whereby an official is
authorised to confer a licence on suitable persons permitting these persons to
perform the otherwise prohibited the activity. Frequently two additional
powers are conferred on the official relating to the licence - they can impose
conditions on the licence and they can revoke the licence for good cause.
Indirect Effects
As well as causing direct legal effects, a legal rule can also cause indirect
effects. These are explained in another publication so an outline will suffice
here.
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While indirect effects may not be easily confined, there are three major
classes – ulterior effects, adjustment effects and derived effects.
Ulterior Effects
Ulterior effect involves a chain of actions. If X leads to Y and the government
wants X, it can use legislation to promote X by rewarding or otherwise
providing incentives for Y. For example cheaper prices of cigarettes
encourages smoking. Therefore a government may tax cigarettes highly with
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Christopher Enright Legal Reasoning Chapter 16 Effects
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