The structure of goal-rules

Pauline Westerman

Rules in order to change states of affairs and to achieve certain aims

Characteristics General categories Indicate a concrete manner to achieve

an aim Based on assumption of cause and effect

Problems of rules in regulatory state:Structural problems: Generality of categories entail problems

of interpretation; Over- and underinclusiveness; The rule should be followed; Even if followed, anticipated effect does

not take place.

Additional (contemporary) problems: Increasing complexity of topics to be

regulated; Increasing complexity of social fields to

be regulated.

.Solution: direct prescription of goals, such as in directives A Further the protection of the

environment. (aspirational norm) B Make sure that you take the

necessary precautions, draft the necessary legislation (implementation norm)

C Report on the progress you made (accountability norm)

-------------------------------------

Features of goal-regulation

Rules prescribe states of affairs; actions are secondary (ought-to-be-norms). If actions are prescribed, then in goal-terms: act so that aim X is realized.

Rules are indifferent as to how goal is achieved, as long as goal is achieved.

Rules are addressed to (mini)-legislators and policymakers, not to rule-followers

Rules are indifferent as to by whom goal is achieved. Also here specification in terms of goal: everybody who is concerned with `clean environment’.

Goals usually positive, abstract and aspirational

.Concretisation of goal-rules A Further the protection of the environment. (aspirational

norm) B Make sure that you take the necessary precautions, draft

the necessary legislation (implementation norm) C Report on the progress you made (accountability norm)------------------------------------- A’ The emission of toxics should be as low as reasonably

achievable. B’ Make sure you carry out a feasibility study, take the

necessary measures, including rule-making. C’ Report on the progress you made.----------------------------------- A’’ Within two years emission of toxics should be reduced by

10% B’’ Inquire into the `best available techniques'. C’’ Report on the progress you made

PERFORMANCE-CENTRED RITUALS

(HAS IT WORKED?) A way to get results, e.g.

healing charismatic

LITURGICAL RITUALS

(HAVE WE GOT IT RIGHT?)

As scripts: stereotyped sequence of events

routinized

If flowers put on the right side

If head bowed

If feet are washed

`puja’

Liturgical rituals, dependent on conditional reasoning. Conditional reasoning dependent on constitutive rules telling which acts `count’ and are relevant

If [conditions] then counts as proper ritual then whatever aims

Rain falls

Audience convinced

performance

Performance-centered rituals (dependent on cause-effect knowledge)

Signed by three

witnesses

Transferred in presence

of notary

Not contrary to

equity

Right to inhabit house

Right to exclude

non-owners

Duty to pay

inherited debts

Duty to pay taxes

testament

If [conditions] then [legal concept]if [legal concept] then [legal consequences]

Goal-legislation and conditional reasoning?

If you are care-provider

Then you should pursue good health-care

If you want aim A Then you should do x

If you do concrete x

Then you contribute to aim A

.Concretisation of goal-rules A Further the protection of the environment. (aspirational

norm) B Make sure that you take the necessary precautions, draft

the necessary legislation (implementation norm) C Report on the progress you made (accountability norm)------------------------------------- A’ The emission of toxics should be as low as reasonably

achievable. B’ Make sure you carry out a feasibility study, take the

necessary measures, including rule-making. C’ Report on the progress you made.----------------------------------- A’’ Within two years emission of toxics should be reduced by

10% B’’ Inquire into the `best available techniques'. C’’ Report on the progress you made

Short waiting-list

Information to patients

Trained personnel

Subsidy

License

Certified

Good reputation

Furthering good health care

If [conditions] then [policy-aim]if [policy-aim] then [consequences]

Goalregulation leads to nested concepts

Good health care

certified education

Nested concepts

Relations between parts-whole suggest causal relations:

As if certified education leads to trained personnel and as if trained personnel leads to good health care.

But is this assumption justified?

Bright mask

Good dance

Wild gestures

Rainfall

If [conditions] then [policy-aim]

Agent: lack of

resources, local knowledge

Principa

l: resources, lack of

local knowledg

e

Convergence of aims?

Reasons adduced by Principal : P justifies original aim by referring to a. more abstract aimb. on which there is consensusc. leaving open the possibility of variation

(Cf Schanks and Abelson: Goals as higher levels of abstraction in understanding a story:

scripts – plans- goals- themes)

Reasons adduced by Agent:

A justifies his performance by indicating a. how aspirational norm was fulfilled =

concrete results (parts of original aim)b. how implementation norm was fulfilled

(concrete protocols, codes etc)

But what about means?

Concretisation of abstract goal: In subgoals=parts (what does abstract goal `clean environment’ consist in)

Concrete parts do not necessarily lead to overall abstract goal. At best partially so. (and not even that)

Specification of subgoal in tresholds: “more than 10%” turning aspirational norms into binary ones

But to reduce by 10% is a specific form of reducing emission, but not a means to achieve that aim.

Instantiation of goals into exemplary concrete realization: `best practices’.

Usually a way to indicate that tresholds should be regarded as a minimal performance, not a maximum one.

Pros and cons of goal-regulationpro

Advantage for legislator in view of his lack of (technical and social) knowledge.

Allows for variation depending on local circumstances

con

Accountability norm leads to concretisation which suggest that concrete measures are taken that actually bring about the desired effect

But these concrete component parts actually perform the function of formal conditions

Cause-effect relations are “defined away”

Stability and legal certainty are undermined