Chapter 12
Policy
Introduction
Making Law
Interpreting Statute Law
Interpreting Common Law
Back in the 1970s, when qualitative voter research was just starting to get a
stranglehold on the political process in this country, the Labor Party …
circulated a confidential paper entitled “Some Respectful but Blunt
Suggestions on TV Appearances by Labor Spokespersons”.
It offered a
series of political ground rules, all of them designed to influence what it saw
as the 15 per cent of swinging voters “who show any willingness to
change,” including that such voters were “basically ignorant
and
indifferent” to politics and voted “on instinct for superficial, ill-informed
and generally selfish reasons”. The only communication pattern that offered
“the slightest chance of success” in reaching these voters was “the minimum
number of thoughts repeated the maximum number of times, and when you
are sick of saying it, they’ll be just starting to notice it”. While no politician
would openly acknowledge such rank cynicism, millions of dollars are now
spent every election by all parties on the very premise that these are exactly
the voters who determine electoral outcomes. It is also exactly the sort of
disciplined if mindless attitude of all parliamentary behaviour these days.
318
Introduction
Importance of Policy
Discussion in several preceding chapters
has identified the options before a
legislature or court that is proposing to make or interpret law. Identifying these
options consists of Step 1 in the policy model. This chapter commences
discussion of Step 2, which consists of the reasoning process used in
deciding between the options.
This reasoning process constitutes policy because of a fundamental truth.
Making law and interpreting law change the world. Consequently they are both
forms of purposive action, where an actor takes the steps that they believe will
lead to a desired goal. If this actor is rational, they will seek the goal or
outcome which they judge to be the best that they can attain. Applying this to
318
Alan Ramsey, “Lament for lost honour,” Sydney Morning Herald, 8 March
2000
 |
 |
 |