Week 4

Lesson objectives for this week

This week we will consider the problem-solving methodology in greater detail giving particular attention to the first step. The first step of the problem-solving methodology requires that the drafter do two things. First, state the superficial or outward manifestation of the social problem. Second, describe whose and what behaviors comprise the social problem. A description of whose behaviors and what behaviors comprise the problem must be provided for all primary role occupants as well as for the implementing agencies.

The B Stream exercises for this week, along with Chapter 9 of the Manual,  focus on legislative writing techniques which include  specifying the “who” and the “what” in a legislative sentence. 

Since law can only address behaviors, it is necessary to think and draft in terms of who is required to do what. The addressees are the ‘who”.  Addressees fall into the following categories:

              1. Primary role occupants

2. Officials responsible for the bill’s implementation (which includes officials responsible for the proper functioning of the agency, as well as officials responsible for the conformity inducing measures directed to the primary role occupants)

             3. Officials responsible for dispute resolution. (often,  but not always the courts)

             4. Officials responsible for funding (usually in the Ministry of Finance)

             5. Officials responsible for fitting the new law in to the corpus of law

The “What” of a legislative sentence may be stated in one of three ways:.

             1. Commanding that something be done (using the word “shall” or “must”)

             2. Permitting something be done (using the word “may”).

             3. Forbidding something be done (using the words “may not”)

This week you will apply what you learn about the first step of the methodology by writing the “Difficulty” part of your own research report. As well you will write the first two sections of your bill.

Assignments

• Review: Manual, Part II, Chapter 4 (pp. 85-124, focus on pp. 90-93, 119-20), and Read Manual, Part III, Chapter 9 (pp. 231-254, focus on pp. 231-247).
•Listen to tapes A-5, B-3.
• E-mail to your editor and to the course participants:

• the draft ‘Difficulty’ part of your research report (be sure to describe both the difficulty’s surface appearance and whose and what behaviors constitute it; see Outline, Manual, pg. 119); and
• two sections of your bill, describing what action one of your bill’s role occupants should take (choose relatively complicated sections to draft; you will learn more! Make sure that your sentences state who does what. Indicate where in your bill these sections will appear).

•Discuss with your group the answers to general questions, Study Guide, Session A-5, slide #8.(Also see the Study Guide, Session B-3.)
• E-mail to your both editor and to the course participants:

• comments, questions or suggestions you may have about materials covered in the audio-presentations, the Manual or the Study Guide; and
• answers to questions and exercises raised in the Study Guide.