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Avoiding damage to the statute book

You can affect other laws even when you don't mean to do so. Once a draft becomes a law, it becomes part of the context against which all other laws are interpreted. If you aren't disciplined and responsible, you can cause damage to that context, and that damage can cause problems for you, for other drafters, and ultimately for the system of laws as a whole.

Some lawmakers, for example, like to include a series of standard, formulaic provisions that they have borrowed from elsewhere, without considering whether those provisions are truly needed. They reason that it is "harmless" to do so. But when courts interpret one law, they consider other laws, too. They take note of differences and assume that each difference has significance. When a legislature sends mixed signals over time, principles that were settled can become unsettled; the "harmless" provision can take on a life of its own.

In short, every provision has some effect on the statute book, primarily on the immediate Act of which it is a part, but also on the background against which all laws are read. If a provision does not affirmatively add value, it should not be used.

Avoiding damage to the statute book is about understanding the principle that your draft has not only immediate, direct effects, but also long-term, systemic effects. Many lawmakers readily grasp this principle, and find it sensible, once you bring it to their attention. And when you internalize this principle yourself, congratulations, you are well on your way to mastering the work of the drafter.


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