Edward D. Winstead, J.D.

         All Laws exist to control behavior. Laws fall into categories according to the method used to control specific behaviors. Understanding a law's category enables one to use that law to accomplish an objective or to lessen its interference with the accomplishment of an objective. Laws may include custom, regulations, contracts, rules, standards, procedures, or guidelines, etc. They may be written or unwritten, moral, ethical, or legal.
A Law is defined as a rule of conduct or action prescribed by the authority of a rulemaker. The authority is recognized (or submitted to) by a person subordinate to the rulemaker.

*** Assumptions ***

 Responsibility 
People are responsible for their own actions.
Ultimate Freedom of Choice of action (or lack of action) belongs to each competent individual. This is the basic premise of our society, culture, government, and law.

 Purpose 
Laws are created to protect and control.
A law's stated purpose may or may not be its real purpose.
What is controlled by a law may not be what the law is really intended to control. (Unstated or Hidden purposes are a big source of Unintended Consequences - for both rule maker and subject parties!)
Examples: Laws controlling radio antennas in a sub-division may have the purpose of protecting appearance rather than preventing use of radios. The behavior is erecting antennas. Some highway speed laws were intended to reduce fuel consumption.

 Sanctions 
All effective laws have sanctions (coercion).
Without Sanctions (power to enforce) a law is simply wishful. Sanctions may be psychological, social, financial, or legal.

 Consequences 
All actions result in Consequences . . .
Intended Consequences (Desired, expected, hoped for).
Unintended Consequences (Unknown, unforeseen, overlooked, may be desirable or undesirable).
Unintended consequences (sanctions) often have the greatest impact on individuals or plans.

 Power 
The ability to act contrasted with the authority to act.
Power (force) must be considered in understanding Laws because Power is often used to challenge or ignore Laws through Position, Personality, Brute Strength, or Chutzpah
Power is legitimate when combined with Authority.
Power used without Authority is lawlessness. Power misused under guise of Authority is Tyranny.
The Power abuser expects no one will dare interfere or take action to challenge the misuse of Power.
The person challenging a Law by using Power may be: in an authority position, morally right, old enough, strong enough (physically or personality), intimidating enough, rude enough, polite enough, smart enough, ignorant enough, crazy enough, or wealthy enough to do what he wants regardless of Prescription, Prohibition, Permission, Sanction, or Consequences. Power is often tolerated by those who are excessively polite or civil; too scared, weak, or poor to protest or complain; believe they are unaffected by the action being taken; or simply do not understand the intended or unintended consequences.

 Definitions 
"Things" are what a particular law says they are.
There must be agreement or acceptance of definitions.
Example: A sailboat is a boat, it also may or may not be a powerboat.


*** Categories of Laws ***
 Every law can be placed into one of the following categories.
(Examples are illustrative only.)

 1. Prescription 
You Shall . . . .
Specific actions are required under the stated circumstances.
Example: Drivers must have a valid Driver's License to drive a car on a public street.

 2. Prohibition 
You Shall Not . . . .
Specific actions are not allowed under the stated circumstances.
Example: A person must not carry a weapon into an airport.

 3. Permission 
You May . . . .
Statement of what may be done in various circumstances.
Action is are at the discretion of the actor. Often overrides or bypasses Prescription or Prohibition.
Examples: You may turn right on a red light if there is no oncoming traffic. You may also wait for green.
Allows going from A to B by going through C, although Prohibited from going directly to B.
Often an unintended consequence for rule maker. Sometimes called "Loopholes" by those unable to use for their own benefit.

 4. Protective 
You Should . . . . You Should Not . . . .
Statement of Guidance or Advice.
Rulemaker would like people to act in a certain manner, but does not, or cannot, Sanction specific action.
Example: Everyone should invest in a good Mutual Fund.

 5. Passive 
No rule is stated . . . .
(There will still be consequences.)
Absence of any rule. No law states what must, must not, may, or should be done for this situation.
Freedom of Choice or Action (Probably still subject to an individual's Ethical and Moral beliefs).
Example: Very rare today. Fill in your own example and let me know what it is. I have not been able to find a good one.


© 1999 by Edward D. Winstead. All rights reserved.

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