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occurred, it may not be certain that X has caused Y or that Y happened for
some other reason.
Effects
Three matters need to be explained concerning effects –
the terminology
deployed, the fact that effects often constitute a chain or series and the nature
of effects.
Terminology
There are a number of synonyms for ‘effect’ such as purpose, goal, end, end
state, object, result, consequence or outcome.
281
In the formal models
deployed here the term ‘effect’ is generally used, although in other parts of the
discussion some of the other terms are used according to the circumstances.
Chains and Rafts of Effects
Stating that a statute causes an ‘effect’ is a convenient shorthand in the models
deployed here for all of the specific effects that a statute causes. The point is
that a statute typically causes a large number of effects, which are part of a
series or a chain reaction. Thus Effect X
(which is caused by Statute X or
Meaning X)
is shorthand for Effect X.1, Effect X.2, and so on to Effect X.n,
the list being Effects X.1-X.n. Usually these unfold in one or more chains or
rafts of effects, which interact with other social phenomena as the law
operates, is responded to, is monitored by the executive government and is
enforced in the courts.
Effects can continue for as long as the statute is in
force and even into a time long after it is repealed.
Nature of Effects
An effect is anything that the statute causes, regardless of its nature. Thus it
may be tangible or intangible, symbolic or instrumental, and good or evil. It
may be concerned with matters that are economic or financial but it can also
be concerned with matters that are social, emotional, psychological or
symbolic, or that involve liberty. Indeed, there is no earthly limit to the nature
and scope of effects.
This point needs to be emphasised. In financial disciplines such as accounting
and economics the subject of cost benefit analysis will often consist of effects
that have a monetary value. Nevertheless, while
the concept of net benefit is
derived from these disciplines, as utilised here the term ‘effect’ extends
beyond just monetisable and commodifiable items to include all effects
whether economic, social, emotional, spiritual, symbolic, psychological or of
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281
Magat and Schroeder (1984)
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