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.
Moreover, a
flow of
conduct from
source to a
recipient in
circumstances has two important characteristics:
It is
mono-directional. It always
flows from a
source to a
recipient. It never
flows the other way.
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 are the two significant properties of a
flow of
conduct from
source to a
recipient in
circumstances.
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.
- 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:
- 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:
- 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.