{"title":"确定立法意义和效力的模式","authors":"Osnat Akirav","doi":"10.1080/20508840.2019.1568774","DOIUrl":null,"url":null,"abstract":"ABSTRACT How do we determine whether laws are significant and effective? To answer this question, I used data from focus groups and content analysis of laws and newspaper articles to create a model to assess these two factors. In this model, three components of legislative significance are measured: the essence, extent and practicality of the law. The model also assesses legislative effectiveness by measuring three other components: public awareness about the issue, the gap between the intentions of the legislators and the implementation of the law, and the existentiality of the gap. In this study, effectiveness refers to achieving the goal of the legislation and is measured several years past after the date it was enacted. Significance and effectiveness are not separate concepts. They are connected on a time line. The first step in legislation is to understand whether it is significant, which leads to the second step – determining whether it is effective. I tested the model using three Israeli laws from 1987 (the minimum wage law), 1998 (the law against sexual harassment) and 2007 (the provision that outlawed smoking in public places to prevent exposure to second-hand smoke). The results demonstrate that the model is a useful tool for determining whether laws are significant and effective.","PeriodicalId":42455,"journal":{"name":"Theory and Practice of Legislation","volume":"6 1","pages":"343 - 361"},"PeriodicalIF":1.5000,"publicationDate":"2018-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20508840.2019.1568774","citationCount":"2","resultStr":"{\"title\":\"A model for determining legislative significance and effectiveness\",\"authors\":\"Osnat Akirav\",\"doi\":\"10.1080/20508840.2019.1568774\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"ABSTRACT How do we determine whether laws are significant and effective? To answer this question, I used data from focus groups and content analysis of laws and newspaper articles to create a model to assess these two factors. In this model, three components of legislative significance are measured: the essence, extent and practicality of the law. The model also assesses legislative effectiveness by measuring three other components: public awareness about the issue, the gap between the intentions of the legislators and the implementation of the law, and the existentiality of the gap. In this study, effectiveness refers to achieving the goal of the legislation and is measured several years past after the date it was enacted. Significance and effectiveness are not separate concepts. They are connected on a time line. The first step in legislation is to understand whether it is significant, which leads to the second step – determining whether it is effective. I tested the model using three Israeli laws from 1987 (the minimum wage law), 1998 (the law against sexual harassment) and 2007 (the provision that outlawed smoking in public places to prevent exposure to second-hand smoke). The results demonstrate that the model is a useful tool for determining whether laws are significant and effective.\",\"PeriodicalId\":42455,\"journal\":{\"name\":\"Theory and Practice of Legislation\",\"volume\":\"6 1\",\"pages\":\"343 - 361\"},\"PeriodicalIF\":1.5000,\"publicationDate\":\"2018-09-02\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://sci-hub-pdf.com/10.1080/20508840.2019.1568774\",\"citationCount\":\"2\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Theory and Practice of Legislation\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1080/20508840.2019.1568774\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Theory and Practice of Legislation","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/20508840.2019.1568774","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
A model for determining legislative significance and effectiveness
ABSTRACT How do we determine whether laws are significant and effective? To answer this question, I used data from focus groups and content analysis of laws and newspaper articles to create a model to assess these two factors. In this model, three components of legislative significance are measured: the essence, extent and practicality of the law. The model also assesses legislative effectiveness by measuring three other components: public awareness about the issue, the gap between the intentions of the legislators and the implementation of the law, and the existentiality of the gap. In this study, effectiveness refers to achieving the goal of the legislation and is measured several years past after the date it was enacted. Significance and effectiveness are not separate concepts. They are connected on a time line. The first step in legislation is to understand whether it is significant, which leads to the second step – determining whether it is effective. I tested the model using three Israeli laws from 1987 (the minimum wage law), 1998 (the law against sexual harassment) and 2007 (the provision that outlawed smoking in public places to prevent exposure to second-hand smoke). The results demonstrate that the model is a useful tool for determining whether laws are significant and effective.
期刊介绍:
The Theory and Practice of Legislation aims to offer an international and interdisciplinary forum for the examination of legislation. The focus of the journal, which succeeds the former title Legisprudence, remains with legislation in its broadest sense. Legislation is seen as both process and product, reflection of theoretical assumptions and a skill. The journal addresses formal legislation, and its alternatives (such as covenants, regulation by non-state actors etc.). The editors welcome articles on systematic (as opposed to historical) issues, including drafting techniques, the introduction of open standards, evidence-based drafting, pre- and post-legislative scrutiny for effectiveness and efficiency, the utility and necessity of codification, IT in legislation, the legitimacy of legislation in view of fundamental principles and rights, law and language, and the link between legislator and judge. Comparative and interdisciplinary approaches are encouraged. But dogmatic descriptions of positive law are outside the scope of the journal. The journal offers a combination of themed issues and general issues. All articles are submitted to double blind review.