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A Closer Look At Statutes

A closer look at Statutes




"A legislative rule of society given the force of Law by consent of the governed"

This is the commonly used definition of the word 'Statute'. It raises some questions as most of us live our lives according to the rules of our various statutes and Acts they derive from, and yet in no part of that definiton does it suggest that it is a Law. Rather it is a rule. Aren't rules made to be broken? I would certainly say so; the more rules you break, the more you have to pay to the court!

Rather than finding the precise source, lets discover whether this much used definition is acceptable. So, can this much quoted 
definition be either disproved and discarded or confirmed and accepted?

First, let’s look at a sourced definition of "statute”.

statute. An act of the legislature as an organized body. Washington v Dowling, 92 Fla 601, 109 So 588. 

The written will of the legislative department, expressed according to the form necessary to constitute it a law of the United States or of the state, and rendered authentic by certain prescribed forms and solemnities.

In a broader sense, inclusive of an act of the legislature, an administrative regulation, or an enactment, from whatever source originating, to which the state gives the force of law. 50 Am J1st Stat § 2. (Ballantines, 3rd edition, Page 1212)

Let’s now use this as our base to work from …

In a broader sense, inclusive of an act of the legislature, an administrative regulation, or an enactment, from whatever source originating, to which the state gives the force of law.

act,n. A thing done or established; a deed or other written instrument evidencing a contract or an obligation. A statute; a bill which has been enacted by the legislature into a law, as distinguished from a bill which is in the form of a law presented to the legislature for enactment. Anne 5 ALR 1422.(Ballantines, 3rd edition, Page 16-17)

legislature
. Broadly, any body having legislative power. 49 Am J1st States § 28. (Ballantines, 3rd edition, Page 724)

regulation. Control or direction by restriction or rule of something permitted or suffered to exist. 30 Am J rev ed Intox L § 22. Any rule for the ordering of affairs, public or private, whether by statute, ordinance, or resolution. Kepner v Commonwealth, 40 Pa St 124, 129. Ballantines, 3rd edtion, Page 1081)

state
. A body politic or society of men united together for the purpose of promoting their mutual safety and advantage by their combined strength, occupying a definite territory, and politically organized under one government. McLaughlin v Poucher, 127 Conn 441, 17 A2d 767. … a political community of free citizens, occupying a territory of defined boundaries, and organized under a government sanction and limited by a written constitution,and established by the consent of the governedCoyle v Smith, 221 US 559, 55 L Ed 853, 31 S Ct 688. (Ballantines, 3rd edition, Page 1210)

Summary

An act of the legislature = legislative
An administrative regulation = a rule
The state = a political community, organized under a government, established by the consent of the governed.

In a broader sense, inclusive of an act of the legislature (legislative), an administrative regulation (rule), or an enactment, from whatever source originating, to which the state (political community established by the consent of the governed) gives the force of law.

Connect the dots; 
A legislative rule, given the force of law by the political community established by the consent of the governed.

Compare this to;
A legislative rule of society given the force of law by the consent of the governed.

A pretty close match.


Source: http://www.old.tpuc.org/content/closer-look-statutes-1

Category: Articles | Added by: JennaRose (02.26.2013)
Views: 427 | Rating: 0.0/0
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