Things often go wrong because legislators, as well as problem solvers, often rather like impatient general practitioners: • prescribe first; and • diagnose later! This course of action is a classic government response in a crisis, or student response when confronted with an essay. Even when an attempt is made to follow a model or to try to cover all eventualities, solutions to problems often cause more problems. Because one searches deeper into a problem, it is usually observed to be a cluster of problems with a range of causes, and a range of potential solutions, each with a different set of obstacles and costs. Much of a lawyer’s job, like that of many other people, involves solving or managing such problems. They tend to be drawn into solving problems in a range of ways, mostly revolving around the application and meaning of legal rules. So, it is worthwhile paying some attention to what is meant by a rule. Having opened the issue of ‘argument’ up by discussing the nature of problems it is now necessary to look at rules in a similar manner. 7.6.2 What is a rule? There are many meanings to ‘rule’. A rule can be a principle, a maxim governing individual or group conduct in life or in a game. It can be a system that creates a way of life. Within monastic life, the way of life according to rules can mean that the group itself is defined and described as the rule—the rule of St Benedict, for example. Some rules only have force within religious or social settings; others have effect within legal settings. Some rules only have force within a given academic discipline, philosophy, law or indeed legal method. Language itself is subject to rule formation in its rules of grammar, rules that some literary stars have attempted to subvert. James Joyce in Ulysses or in Finnegan’s Wake, for example.
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