Having taken care - for the moment - of the core conceptual
model for concepts, terms, and definitions, I returned to where I began, which
was to try to show how Stipulative Definitions and Legislative Definitions
differ, and to do so visually as shown in Figure 1
Figure 1: Conceptual Model of Stipulative and Legislative Definitions
Basic Definitions
The concepts shown in Figure 1 are defined as follows:
Stipulative
Definition: a definition that a Definition Creator creates to describe a
concept and which the Definition Creator assigns to a term. In performing the latter, the Definition
Creator acts as a Terminologist.
Legislative
Definition: a Stipulative Definition whose Definition Creator is an
Authority, and whose acceptance is obligatory for Legislative Definition Users.
Authority: an
individual person or organization who has legitimacy sufficient to make any
Legislative Definition they create binding upon one or more Legislative
Definition Users
Definition User: an individual who can potentially use a definition
Legislative
Definition User: an individual person or organization that is obliged to
accept the Legislative Definition assigned to a given Term by the Authority
within a given context. The context may
be a contract, regulation, agreement, etc.
Be warned that these definitions are preliminary, and I
think I see quite a bit of circularity in them.
However, they will have to do for now.
Preliminary Thoughts
What is shown in Figure 1 triggers the following immediate
rough thoughts:
1. Legislative
Definition is a species (a subtype) of Stipulative Definition
2. A Stipulative
Definition is always created by an identified
individual or organization (the Definition Creator). Here we have an issue as every Definition
must have had a Definition Creator at the outset. The connection with the Definition Creator
may be lost over time, at which point the Definition ceases to be a Stipulative
Definition. This requires much further
exploration.
3. A Definition is
not a Stipulative Definition unless the Definition Creator is also known by
users of the Definition. It is not a
Stipulative Definition merely by having been created by a Definition User. This relationship is essential for a
Definition to be a Stipulative Definition.
4. The essential
difference between a Stipulative Definition and a Legislative Definition is
that a Legislative Definition is created by an individual or organization that
is an Authority.
5. A Definition User
can freely accept or reject a Stipulative Definition.
6. The Authority must
be legitimate with respect to the Legislative Definition User. The Legislative Definition User must be aware
that they have an obligation that they have directly or indirectly taken upon themselves
to use the Legislative Definition. If
the Authority is not legitimate with respect to the Legislative Definition
User, then we are dealing with a case of unlawful power being used to enforce
the acceptance of a Definition on a person or organization. Such a case is not a Legislative Definition.
7. A Definition
Creator has obligations to a Definition User.
This might include making a Stipulative Definition intelligible. If the Definition Creator fails to meet these
obligations, then the Definition User has one or more reasons to reject the
Stipulative Definition. This would seem
to be a warning for those individuals and institutions who decide to become
Definition Creators.
8. The burden of obligation
of an Authority to a Legislative Definition User for a Legislative Definition
is higher than that of a Definition Creator to a Definition User for a
Stipulative Definition.
Further Thoughts
There is a lot in this.
A big part of how we operate in our culture and society includes what
concepts we accept or reject.
Furthermore, any Authority who creates Legislative Definitions had
better do a good job or they might cause problems. I am thinking of the unintelligible
definition of "Swap" in the Dodd-Frank Act here.
On the notation front, I do not like the fact that general relationships
such as Definition User rejects Stipulative Definition cannot be related to
more specific relationships that override them, such as Legislative Definition
User is obliged to accept Legislative Definition. Yet something more to be tackled.
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