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Subject: Questions about Conceptual Model of Rule Versioning and Metarules - #1


I have a number of questions regarding the conceptual model behind rule versions and metarules. I am going to try to break these up into separate parts. Here's the first:

I can think of (at least) two different ways to conceptualize the temporal nature of a metarule that introduces (only) a syntactic change in the legal text. I want to assume that this syntactic change corresponds to an unambiguous semantic change, so that we don't get into such complications at this point. The syntactic change might have multiple parts (insertions, deletions, replacements), but let's treat it as a unit which unambiguously takes the existing text (v1) to some new text (v2). Further, let's suppose, again for simplicity, that there is no unambiguity in the syntax, so there is precisely one "rule" for each text as opposed to multiple interpretations.

Simple example. Let's suppose we have
a) the original version of the rule (#rule-v1), and for simplicity suppose that all three start times are identical (#t1 = start of efficacy = start of applicability = start of enforcability of #rule-v1) b) a metarule (#mrule) describing the syntactic change, with time (#t1 < #t2 = start of efficacy = start of applicability = start of enforcability of #mrule)

Option1. #t2 = end of efficacy = end of applicability = end of enforcability of #rule-v1. A new "virtual" rule #rule-v2 comes into being, with #t2 = start of efficacy = start of applicability = start of enforcability of #rule-v2. The temporal effect of #mrule is instantaneous; that is, once it has brought #rule-v2 into being, its effect is finished. That is, #t2 = end of efficacy = end of applicability = end of enforcability of #mrule. The time at which efficacy, etc of #rule-v2 ends is independent of the temporal characteristics of #mrule. Also, #t2 = end of efficacy = end of applicability = end of enforcability of #rule-v1.

Option 2. #rule-v1 continues to be in effect, etc after #t2, in combination with #mrule. The combined effect of #rule-v1 + #mrule is logically equivalent to #rule-v2, but #rule-v2 doesn't have independent temporal characteristics. The time at which efficacy, etc of #rule-v2 ends is dependent on the temporal characteristics of #mrule. So there may be a #t3 = end of efficacy = end of applicability = end of enforcability of #mrule (brought about, say by an explicit rescinding of #mrule) and further, #t3 = end of efficacy = end of applicability = end of enforcability of #rule-v2. If #rule-v1 is rescinded, then this also brings an end to #rule-v2.

So here's my (multi-part) question:
a) Is there one right choice between the conceptual models described in Options 1 & 2 (or some other option)? (If so, which one?) b) If the answer to (a) is no, can we at least assume that a particular legal system uses only one conceptual model? c) If the answer to (b) is no, can I shoot myself now, or do I have to wait? (joke)

Tara




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