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  • A Unified Theory of a Law

    This module is included inLens: John Bosco's Lens
    By: John BoscoAs a part of collection: "A Unified Theory of a Law"

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Extrapolation

Module by: John Bosco. E-mail the author

     
The relationships of A Unified Theory of a Law can be depicted on The Triangle of Law because its three main characters - Lawmaker, Source and Recipient - give rise to three relationships, two of which are legal and one of which is factual.

     
A Lawmaker exists solely in the legal world. A Source and a Recipient can exist in both the factual and the legal world. They enter the legal world when a Lawmaker binds a token to them. Before a lawmaker binds a token to them, they exist solely in the factual world.

     
When a lawmaker binds a legal token - a duty, privilege (no-duty), right or no-right - to someone other than a Source or a Recipient, the lawmaker is engaged in extrapolation.

     
Beware of Extrapolation. It is usually pathological. The legal situation can often be reinterpreted to conform to the doctrine of A Unified Theory of a Law instead of warping it.

     
One example of a legal thinker trying to warp the doctrine of A Unified Theory of a Law occurs when an attempt is made to disconnect a Source from a Recipient in a flow of conduct. A flow of conduct from a Source to a Recipient in circumstances is implacable. Therefore, it is factually impossible to disconnect its Source and Recipient. Hence, when a legal thinker wants to give the Source a duty to do the affirmative conduct but give the Recipient a no-right to receive the affirmative conduct, A Unified Theory of a Law tells us that this is impossible. A Lawmaker can either turn the flow of conduct on, or turn it off or not care whether it is on or off. A Lawmaker cannot make the flow of conduct do a U turn. [Note: when the flow of conduct is itself reflexive a U turn is possible but not because a Lawmaker is making it so]

     
A Lawmaker who wants a Source to do affirmative conduct also wants a Recipient to receive affirmative conduct whether the Lawmaker likes it or not.

     
A Lawmaker who does not care whether or not a Source does either polarity of conduct also does not care whether or not a Recipient receives either polarity of conduct, whether the Lawmaker likes it or not.

     
A Lawmaker who wants a Source to do negative conduct also wants a Recipient to receive negative conduct whether the Lawmaker likes it or not.

     
With regard to the same flow of conduct from Source to Recipient through circumstances, a Lawmaker cannot simultaneously issue a command to turn on the flow, a command to turn off the flow and a permission allowing the flow to be on or off. This would be a conflict of laws. Only one permutation can exist at a time. King Cnut , a lawmaker of old, knew that some things were impossible.

John Bosco
Project Director
The Legal Literacy Project

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Definition of a lens

Lenses

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

What is in a lens?

Lens makers point to materials (modules and collections), creating a guide that includes their own comments and descriptive tags about the content.

Who can create a lens?

Any individual member, a community, or a respected organization.

What are tags? tag icon

Tags are descriptors added by lens makers to help label content, attaching a vocabulary that is meaningful in the context of the lens.

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