Legislative arguments

Legislative arguments

The legislative argument attempts to enact, modify, or annul a law (rule, policy, requirement, regulation, ordinance, terms of agreement, and so on). Composing and delivering them is a valuable skill with a broad range of applications.

A law has two basic purposes: to ensure order and to protect people. It also provides a legal framework for conduct and accountability. Laws must be argued because people have diverse ideas about what is fair and not fair, and they want their own agendas, lifestyles, preferences, interests, and values promoted in the laws and their contraries restricted.

For a law to be effective, it must

(1) be accepted by those who have the power to enact it (the targeted audience),

(2) be enforced unconditionally and impartially, and

(3) not contradict other laws.

The legislative argument is written with the appropriate measure of passion and seriousness, an image of benevolence and engagement, and an image of competence and wisdom.

1. Present the situation and the complication that emerges from it (what created the need for your proposal). This opening is basically a concise yet vivid description favorable to your proposal.

2. Clearly state the legislative proposal (enactment, modification, or annulment).

3. Justify the proposal by selecting the best strategies:

• It gets to the source of the problem

• It can be enforced easily

• It does not conflict with other laws

• It is consistent with other existing laws

• It is a long-term solution

• It solves one or more other problems

• It creates a good image

• It upholds or promotes the values of those who can actualize it

• It can be implemented easily without effort, expense, or bureaucracy

• It is safe, without risk or danger

• It does not open new problems

• It is fair to all concerned

• Punishment for violations brings revenue

As in persuasive writing generally, you must identify the values that are already in the target. We do not need to argue in support of them, only to identify them.

What do people want?

Avoid loss

Emotional: guilt, shame, embarrassment, worry

Physical/material: difficulty, danger, pain, effort, waste

Financial: penalty, risk, loss

Gain reward        

Emotional: justice, reputation, interests/values being promoted

Physical/material: ease, comfort, security

Financial: profit, savings

Concrete values are: personal liberty, hygiene, discipline, safety, and health.

Abstract values are those like loyalty, love, justice, fidelity, solidarity, piety, and courage.

4. Anticipate questions and objections and reply to them.

5. Exhortation to duty: Emphasize the justice rendered. Raise a sense of duty (responsibility, obligation) in the target. Close with an “all-the-more” device.

Assignment           Compose a text to create, modify, or annul a law.

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