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What is Legislation, Part 1 to blupete's Essay
"Legislation: Robbers' Rules"
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Though I hate to give it a place in the scheme of things, legislation, I suppose, falls as one of two heads of law. First is the common law, the sweetheart at the head of the table who gets things done by consent and agreement; and then, at the other end, smelly and brutish, with sword and rope, sits legislation and claims its right to a position at the table because it fits the definition of the larger concept of law: "A rule of conduct imposed by authority. ... The body of rules, whether proceeding from formal enactment or from custom, which a particular state or community recognizes as binding on its members or subjects."1 However, legislation is always subject to losing its authority as law by slipping out from under the definition; and this, on account of its despicable character. Legislation will lose its force as being law when a significant part of the community does not and will not recognize legislation (for whatever reason) as being binding upon itself.
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