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  • A Unified Theory of a Law

    This module is included inLens: John Bosco's Lens
    By: John Bosco

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The Facts

Module by: John Bosco. E-mail the author

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Summary: Although the facts are infinite, a Lawmaker looks at them as a flow of conduct from source to recipient in circumstances. The Legal Thinker ought to look at the facts this way too.

The Facts are Infinite but they are best Viewed through one Window and one Window alone

     
Indeed, the number of facts is infinite. Yet, for legal understanding, the number of ways to observe them and talk about them and think about them is finite. A Unified Theory of a Law teaches that it is best to view the facts through one Window and one Window alone. It is the same Window as the Window through which a lawmaker looks at the facts.

     
Here it is!

     
The subject of a law is conduct. Conduct flows. It flows from a source to a recipient. Conduct that reaches a recipient is called consequences. Furthermore, a flow of conduct from source to a recipient is done in circumstances. Circumstance are the context in which conduct flows. Hence, a flow of conduct from source to a recipient in circumstances is the factual aspect of a law. It constitutes the base of the Triangle of Law and the top of the Periodic Table of the Elements of a Law.

The Two Important Characteristics of a Flow of Conduct: Direction and Polarity

     
Moreover, a flow of conduct from source to a recipient in circumstances has two important characteristics:

Direction

     
It is mono-directional. It always flows from a source to a recipient. It never flows the other way.

Polarity

     
Furthermore, it has polarity. It is either on or off, flowing or still. When on, a flow of conduct is described as being “affirmative”. When off, as “negative”. There is absolutely no difference between affirmative conduct and negative conduct other than its polarity.

Direction and Polarity

     
Direction and polarity are the two significant properties of a flow of conduct from source to a recipient in circumstances.

Proof that A Unified Theory of a Law and a Lawmaker look at the Facts through the same Window

     
What proof do we have that A Unified Theory of a Law's way of looking at the facts is the optimal way to look at the facts. Have you ever wondered why, in general, there are only two types of litigant in a court of law? Why only a plaintiff and a defendant? Why not more? Why not less? What is the simplest explanation for this? There are two types of litigant in a court of law because conduct has only two ends and the focus of a lawmaker, and hence a court a law, is upon conduct. On one of its ends is the source of conduct - who, in a court, is called a defendant; on the other end is the recipient of conduct - who, in a court, is called a plaintiff. If conduct had one end or three ends instead of two, the number of litigants would be a number other than two.

Glossary

ACME:
The acme is the peak of the Triangle of Law where the tops of its three legs converge. At the acme is the Lawmaker. The three legs, the base, the two corners and the acme are the parts of The Triangle of Law.
BASE:
The base is the horizontal part of the Triangle of Law that runs from a source in one corner to a recipient in the other corner. The base, the three legs, the two corners where the source and the recipient are found, and the acme where the three legs converge constitute The Triangle of Law. At the base is a flow of conduct from source to a recipient in circumstances
CIRCUMSTANCE:
Circumstances are the facts that surround a flow of conduct from source to recipient. They are the context in which conduct flows.
CONDUCT:
Conduct is what leaves a source and flows to a recipient. It has two ends. At one end is the source and at the other is a recipient. It has two noteworthy properties: 1) direction and 2) polarity. Conduct that arrives at a recipient is known as a consequence. Conduct is the subject of a law. It is a "participant" in the one (1) factual relationship within A Unified Theory of a Law and is also a participant in one (1) of the three (3) legal relationships, to wit, Forming and Expressing an Opinion.
CONSEQUENCES:
A consequence is conduct that has arrived at a recipient.
CONTEXT:
A flow of conduct from a source to recipient does not take place in a vacuum but in a context. The context is the circumstances. What goldfish are to a flow of conduct from a source to recipient, the tank of water in which the goldfish reside is to the context.
CORNER:
At the base of the Triangle of Law are two corners. At one corner is a source and at the other corner is a recipient.
DIRECTION:
Direction is a property of a flow of conduct from source to recipient in circumstances. Its other significant property is polarity. Direction pertains to whether a flow is headed toward or away from a source. A flow of conduct is mono-directional. It always flows from a source to a recipient.
FACTS:
In A Unified Theory of a Law the facts are always viewed as a flow of conduct from source to recipient in circumstances. Although the number of facts is infinite, A Unified Theory of a Law views them in only one (1) way.
FACTUAL ASPECT OF A LAW:
The factual aspect of a law is a flow of conduct from source to a recipient in circumstances
FLOW:
Flow is a property of conduct that indicates that conduct is dynamic not static. Conduct flows. Flow is the stream of conduct / consequences whose origin is a source and whose destination is a recipient. It is unidirectional always going from source to recipient. It has polarity, meaning it is either on or off, affirmative or negative.
FOCUS:
Focus is what a lawmaker does as she peers down from the acme of The Triangle of Law to a flow of conduct from source to a recipient in circumstances at its base. A lawmaker can focus on either 1) the conduct itself, 2) its source or 3) its recipient.
LEG:
The Triangle of Law is a triangle with three instead of the usual two legs. From the lawmaker at its acme, three non-horizontal lines run to the source, the conduct itself, and to the recipient. They depict the three legal relationships that the three activities of a lawmaker create during the process of making a law.
POLARITY:
Conduct flows. It is dynamic not static. The flow, however, can be either off or on. Polarity is that property of flow of conduct that indicates whether the flow is on or off. There are two polarities. When on, a flow of conduct is said to be affirmative. When off, a flow of conduct is said to be negative. Affirmative conduct is the same as negative conduct except that affirmative conduct is flowing and negative conduct is not.
RECIPIENT:
A recipient is the destination of a flow of conduct. Conduct flows to a recipient. A recipient is a participant in the one (1) factual relationship within A Unified Theory of a Law and is also a participant in one (1) of the three (3) legal relationships, to wit, RECOGNITION.
SOURCE:
A source is the origin of a flow of conduct. Conduct flows from a source. A source is a participant in the one (1) factual relationship within A Unified Theory of a Law and is also a participant in one (1) of the three (3) legal relationships, to wit, Binding a Law to a Source with Weight.
SUBJECT OF A LAW:
The subject of a law is conduct. In other words, a law deals with conduct that flows from a source to a recipient in circumstances.
TRIANGLE OF A LAW:
The Triangle of Law is needed to capture the relationships between and amongst a Lawmaker, Source and Recipient. In A Unified Theory of a Law are four relationships, one of which is factual and three of which are legal. The factual relationship is found at the base of The Triangle of Law. The three legal relationships are depicted as legs of The Triangle of Law. Hence a three legged triangle is needed.

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A lens is a custom view of Connexions content. You can think of it as a fancy kind of list that will let you see Connexions through the eyes of organizations and people you trust.

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