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Who decides?

Module by: John Bosco. E-mail the author

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One of the most fundamental issues in the process of making a law is 'who decides?'. To whom does the decision whether or not to engage in a course of conduct belong? It belongs to either the Source of Conduct or to the Lawmaker. Our grammar reflects this fundamental struggle between a Source of conduct and a Lawmaker with a command and a permission. A command indicates that it is the lawmaker who makes the decision. The Lawmaker with the issuance of a command attempts to substitute his decision for the decision of the Source of conduct. A permission indicates that it is the Source of Conduct who is the decision maker. With a permission, the Source of conduct is autonomous. When a Source gets to make the decision, the Source can pick either polarity of conduct. When a Lawmaker makes the decision, the Lawmaker tells the Source the polarity of conduct the Lawmaker wants.

In the the Periodic Table of the Elements of a Law, we call the permutation of a law in which a Lawmaker makes the decision Regulation and we call the permutation of a law in which a Source makes the decision Deregulation. Regulation is Rows A and C of the Periodic Table of the Elements of a Law and Deregulation is Row B.

The Periodic Table of the Elements of a Law

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