it be properly made. In response to this there has been study of legislative
technique to understand better how statute law might operate.
13
There have
also been attempts to make statute law clear,
14
simple,
15
and uniform,
16
and to
formulate standards for legislation.
17
To illustrate what a statute looks like the text will set out a selection of sections
from the United States Sherman Antitrust Act
(1890). This statute seeks to
prevent anti competitive action by business firms by imposing penalties on
those who engage in this behaviour. The sections of this Act are preceded by
a section heading that contains the number of the section and a summary of its
content and effect. In fact, this is how sections are set out in statutes in most
jurisdictions. Sections 1 and 2 of this Act will illustrate the text of a statute.
These provide as follows:
Section 1. Trusts, etc., in restraint of trade illegal; penalty
Every contract, combination in the form of trust or otherwise, or
conspiracy, in restraint
of trade or commerce among the several States, or
with foreign nations, is declared to be illegal. Every person who shall make
any contract or engage in any combination or conspiracy hereby declared to
be illegal shall be deemed guilty of a felony, and, on conviction thereof, shall
be punished by fine not exceeding $10,000,000 if a corporation, or, if any
other person, $350,000, or by imprisonment not exceeding three years, or
by both said punishments, in the discretion of the court.
Section 2. Monopolizing trade a felony; penalty
Every person who shall monopolize, or attempt to monopolize, or combine
or conspire with any other person or persons, to monopolize any part of the
trade or commerce among the several States, or with foreign nations, shall
be deemed guilty of a felony, and, on conviction thereof, shall be punished
by fine not exceeding $10,000,000 if a corporation, or, if any other person,
$350,000, or by imprisonment not exceeding three years, or by both said
punishments, in the discretion of the court.
It is common for a statute to define some of the terms or expressions that it
uses. This is done in s7, which says as follows:
13
Bennion (1979). If the operation of statutes is properly understood it may
avoid disfigurement by statute – see Wise (1988).
14
Statute Law Society (1972)
15
Statute Law Society (1974)
16
Mann (1983)
17
Freund (1965)
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