The Problem With Lawmaking

 

 

a lack of

problem definition

 

 

Why is our Current Process for Creating

                      Laws Defective

The current process for creating laws is defective because it does not follow proven problem- solving steps. Specifically, it does not

 

1.  Define problems

2.  Use law design experts

3.  Observe rigorous ethical standards

4.  Capitalize on reliable knowledge

5.  Monitor results to ensure goals are achieved 

 

 

OMISSION OF PROBLEM DEFINITION

 

The traditional method of lawmaking omits the critical first steps of the problem solving method, including the definition of the problem the law is to address. Instead it begins with a proposed solution to a problem, or an idea for a law-solution.  To see for yourself, visit the legislative web site of any government (click here for links to web sites of US state governments).  You will notice that each of these web sites states that the legislative process begins with an idea for a law, and not with the problem that needs to be solved. 

 

This omission of the critical first steps required to characterize problems and establish measurable goals is a fundamental and fatal flaw that prevents the traditional method of lawmaking from being a problem-solving solution.

 

The traditional method does not link laws to problems, and the result is that laws are created but problems are never solved.  Since the purpose for the existence of laws in a democracy is to solve problems, the traditional method, in its present form, can never satisfy the purpose of democracy!  

 

Proceed to the law design expertise page and learn more about the next critical step in effective lawmaking.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Because the process does not follow proven problem-solving steps.  Specifically, it does not:

 

1.  Define problems

2.  Use law design experts

3.  Observe rigorous ethical standards

4.  Capitalize on reliable knowledge

5.  Monitor results to ensure goals are

      achieved 

 

Omission of Problem Definition 

 

The traditional method of lawmaking omits the critical first steps (definition, analysis, and prioritization of problems, and definition of the problem-solving goal) of the problem solving method (See reference text, Appendix F).  Instead it begins with a proposed solution to a problem, i.e., it begins with an idea for a law-solution.

 

The reader is invited to visit the "legislative process" discussion at the legislative web site for any government.  Each of these web sites states that the legislative process begins, erroneously, with an idea for a law rather that the definition of the problem that needs to be solved.

 

This omission of the critical first steps required to characterize problems and establish measurable goals is a fundmental and fatal flaw that prevents the traditional method from being a problem-solving process. 

 

A challenge for the reader who may still be skeptical about the inadequacy of the traditional method of lawmaking: try to solve a problem that has not been defined.  It is not possible! 

 

It is a simple matter to create laws by means of the traditional method of lawmaking (anyone can use this method to create a law since it requres little or no throught process!).  However, the traditional method does not link laws to problems and the result is that laws are created but problems are never solved.  Since the only reason for the existence of laws (in a democracy) is to solve problems, the traditional method, in its present form, can never satisfy the purpose of democracy!    

 

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