Chapter 3
Analysing Legal Rules
Introduction
Structure of a Rule
Relationship between Rules
Introduction
Law consists of legal rules. This chapter explains the two ways of analysing
legal rules. These involve an internal or micro analysis that considers the
structure of a rule, and an external or macro analysis that considers the relation
that a rule has to some other legal rules.
Structure of a Rule
Introduction
Each legal rule changes part of the world, either for better or for worse. It can
do this in several ways, but the most direct means by which it affects change is
through legal regulation where it attaches legal consequences to humans. To
accomplish this, of necessity a legal rule is constructed as a conditional
statement that incorporates the two components of the rule, the elements that
determines its scope and the consequences that determine its legal effect.
49
This natural structure for law provides the template for organising law.
Organising law is an essential part of the process of using law in litigation and
transactions, and also has benefits for the tasks of reading, writing and learning
law.
Elements
A specific law or a legal rule has to delineate and attach itself to the part of the
world that it wants to regulate. It has to mark out the events, happenings,
incidents, or transactions that it wants to affect. Lawyers call these facts. A
___________________
49
While lawyers are familiar with the notion that a cause of action, be it
criminal or civil, can be divided into elements and consequences, the importance
of this concept has not been fully emphasised. Nor have its analytical foundations
and potential uses been fully developed.
 |
 |
 |