The process of making a law can be broken down into three separate and distinct stages. In this chapter, we will study the stage of the process of making a law called
INTRUSION.
INTRUSION deals with the desires of a lawmaker with regard to a Source doing conduct. In contrast,
RECOGNITION deals with the desires of a lawmaker with regard to a Recipient receiving conduct and
FORMATION deals with the desires of a lawmaker with regard to the Conduct itself.
From her perch at the acme of
The Triangle of Law, a Lawmaker despises the facts at its base as a flow of conduct from Source to Recipient in Circumstances. During
INTRUSION, the focus of the lawmaker is upon the Source doing conduct. It is not upon the Conduct itself or the Recipient receiving conduct. This focus creates a relationship between the Lawmaker and the Source. It is one of the three legal relationships in
A Unified Theory of a Law. This relationship is depicted graphically as one of the three legs of
The Triangle of Law.
During
INTRUSION, a lawmaker forms any of three opinions about a flow of conduct from Source to Recipient in Circumstances:
- A lawmaker likes the conduct and wants the Source to do the Conduct,
- A lawmaker is indifferent about the conduct and doesn't care whether or not a Source does the Conduct, or
- A lawmaker dislikes the conduct and does not want the Source to do the Conduct.
Only these three opinions are available to a lawmaker during
INTRUSION. A lawmaker must pick one and reject two.
After a lawmaker forms an opinion during the
INTRUSION stage of the process of making a law, the lawmaker must externalize the opinion and communicate it to the citizenry. This is done when the lawmaker binds the command or permission picked at the FORMATION stage of the process of making a law to the Source. A Lawmaker binds a command or permission to a Source when the Lawmaker hands the Source either of two tokens: 1) a duty or 2) a privilege. Picture a General pinning a medal onto the tunic of a soldier. A duty and a privilege are the two tokens of INTRUSION.
A lawmaker binds a command to a Source by giving the Source a duty.
A lawmaker binds a permission to a Source by giving the Source a privilege.
Unless and until a lawmaker binds a token to a Source, the Source remains in the factual world. Only by binding a token to a Source is the Source transported into the legal world.
Hence, the vocabulary of intrusion consists of a mere two words coupled with the polarities of conduct. They are sufficient to express the three permutations available to a lawmaker at the
INTRUSION stage of the process of making a law:
- A lawmaker binds a duty for affirmative (a/k/a on) conduct to a Source,
- A lawmaker binds a privilege for either affirmative (a/k/a on) conduct or negative (a/k/a off) conduct to a Source, or
- A lawmaker binds a duty for negative (a/k/a off) conduct to a Source.
A metaphor has evolved to help us understand the three permutations available to a lawmaker during the
INTRUSION stage of the process of making a law.
A Lawmaker's opinion that she wants a Source to do the conduct or does not want a Source to do the conduct feels heavy to a Source because the Lawmaker is intruding to start or stop the conduct.
On the other hand, a Lawmaker's opinion that she does not care whether or not a Source does the conduct feels light to the Source because the Lawmaker is abstaining from intruding.
Hence,
weight is a useful metaphor to represent the lawmaker's decision whether to intrude to start conduct, intrude to stop conduct or to abstain from intruding. A command is a law with weight; a permission is a law without weight. A duty indicates weight is present. A privilege indicates weight is absent.
INTRUSION occupies three of the nine cells of the three by three grid known as
the Periodic Table of the Elements of a Law. Cells A1, B1 and C1 found in Column 1 capture everything that occurs during the
INTRUSION stage of the process of making a law.
- DECISION MAKING PROCESS OF A SOURCE:
A Source decides whether to engage in conduct or refrain from conduct. During INTRUSION, a lawmaker decides which of three permutations to apply to a Source's decision making process. A lawmaker can decide to intrude to stop conduct, intrude to start conduct or abstain from intrusion. The metaphor that conveys these decisions involves weight. Heaviness is felt by a source when a lawmaker decides to intrude to either stop or start conduct. Absolute lightness is felt by a source when a lawmaker decides to abstain from intruding. The decision to intrude is an attempt by a lawmaker to substitute his opinion for the opinion of the source. When a lawmaker abstains from intruding, the opinion of the source prevails.
- DUTY:
There are four tokens. A lawmaker uses them to express the opinion she has formed with regard to INTRUSION and RECOGNITION. One of the four tokens is a duty. A dutyindicates that a Lawmaker either wants or does not want a Source to do conduct A lawmaker can intrude in two ways: 1) to start the flow of conduct or 2) to stop the flow of conduct. To a Source, this feels heavy not light. A lawmaker binds a command to a source with a duty. One polarity of conduct is desired to a lawmaker who intrudes and the other is not desired. A duty indicates that a lawmaker wants to substitute his opinion for the opinion of the source with regard to a flow of conduct from source to recipient in circumstances.
- INTRUSION:
INTRUSION is the name of one of the three stages of the process of making a law. It takes place when a source is the target of a lawmaker's attention. During INTRUSION, a lawmaker must decide whether she wants a Source to do conduct, does not want a source to do conduct or does not care whether or not a Source does conduct. A Lawmaker intrudes upon the decision making process of a Source to start or stop conduct by binding a command to the Source. A command is a law that has weight. A Lawmaker binds a command to a Source by handing the Source a Duty. A Lawmaker abstains from from intruding upon the decision making process of a Source by binding a permission to the Source. A permission is a law without weight. A Lawmaker binds a permission to the Source by handing the Source a Privilege.
- PRIVILEGE:
There are four tokens. A lawmaker uses them to express his decisions with regard to INTRUSION and RECOGNITION. One of the four tokens is a privilege. A privilege expresses that a lawmaker has abstained from intruding upon the source's decision whether or not to engage in a course of conduct. To a Source, this feels light not heavy. A lawmaker binds a permission to a source with a privilege. Either polarity of conduct is unobjectionable to a lawmaker who has abstained from intruding. A privilege indicates that a lawmaker does njot want to substitute his opinion for the opinion of the source with regard to a flow of conduct from source to recipient in circumstances. The Source is free to decide for himself. A Source has autonomy.
- PROCESS OF MAKING A LAW:
A law is the fruit of a process that takes place below the surface of the intellect of a lawmaker. It occurs in three stages. The three stages have names, to wit, 1) INTRUSION, 2) FORMATION and 3) RECOGNITION.
- TOOL:
The process of making a law takes places in three stages: 1) INTRUSION, 2) FORMATION, and 3) RECOGNITION.. During 1) INTRUSION, and 3) RECOGNITION. a lawmaker wields two tools: weight and standing. Weight and Standing are the tools of the Lawmaker. A lawmaker uses weight and standing to bind a command and a permission to a weight token holder and a standing token holder
- TOKEN:
A token is one of four ways in which a lawmaker expresses the decisions he has made during INTRUSION and RECOGNITION.. A token indicates a token holders legal status with respect to a flow of conduct from source to recipient in circumstances. The tokens are a right, a no-right, a duty or a privilege. A lawmaker binds them to a Source, a Recipient or, via extrapolation, a token holder who is neither a Source nor a Recipient. A duty binds a command to a weight token holder while a privilege binds a permission. A right binds a command to a standing token holder while a no-right binds a permission.
- TOKENHOLDER:
A token holder is a person who holds one of the four legal tokens:
- a right,
- a no-right
- a duty, or
- a privilege
The capacity to hold a token is what turns a factual character into a legal character. A token holder is the legal soul of a source, recipient or, via extrapolation, someone other than a source or a recipient. Typically, a source is a weight token holder and a recipient is a standing token holder. Extrapolation, however, can take place.
- WEIGHT:
Weight is the metaphor that helps us understand INTRUSION. Weight tells us how the decision to intrude to start conduct, the decision to intrude to stop conduct or the decision to abstain from intrusion feels to a weight token holder. A lawmaker's decision to intrude feels heavy to a Source. The token, duty, indicates that a lawmaker has decided to intrude, and, hence, weight is present. The token, privilege, indicates that a lawmaker has decided to abstain from intruding, and, hence, weight is absent. A command has weight; a permission lacks weight.
- WEIGHT TOKEN HOLDER:
A weight token holder is a person - usually a source - who is holding either a duty or a privilege.
