WA 101 - Lesson Six

[Magecastle]

Now that you have learnt how to repeal, you are now going to learn about an equally -- if not more -- important skill as a WA author; writing positive legislation.

Introduction​

In case you are not already familiar with the term "positive law", Wikipedia defines it very well,

Positive laws (Latin: ius positum) are human-made laws that oblige or specify an action. Positive law also describes the establishment of specific rights for an individual or group.

In the context of the WA, a positive law is any resolution which is not a repeal. Positive laws may, of course, be subject to repeals (with the exception of GA #1, which site mechanics disallow repeals of). This also includes replacements of resolutions which have been repealed either by yourself or other authors. This lesson covers the process of drafting positive laws; this process shares many aspects with drafting repeals, but in many aspects is different. Next lesson, we will cover how to campaign and politick for your proposals, as well as GA culture more generally.

Picking a Fight Topic​

Arguably, it is more difficult to pick a topic for positive laws than repeals. This is because there are literally hundreds of resolutions which may already cover a topic! It is often worth asking in the GA Ideas thread if other players are aware of a resolution which would cover a topic. You should also check through the list of GA Resolutions (forum version, NS version) to make sure that your resolution does not cover something which has already been addressed. It is not worth writing a resolution which only covers a more minor aspect of an existing resolution, unless your resolution demonstrably goes further, enacting eg more stringent and specific provisions.

It may help to look at the list of past resolutions to see resolutions which were repealed but never replaced. For example, my resolution "Legal Equality Act" was written to replace a previous resolution repealed several months earlier, although the original intended replacement simply fell by the wayside, with its author having left NS by the time Legal Equality Act was posted. However, you should beware that some resolutions are repealed due to their principle, either as an explicit argument in the repeal or as reasoning for voters to support this. This brings us to the next point, which is that you should not pick controversial topics to legislate on. A resolution on abortion, euthanasia, animal cruelty is not a good idea for a first-time author!

Researching a Topic​

With nearly all topics, it is worth researching the topic before starting to write a resolution on. The main things you want to find out about the topic are the following,

1. Why is the topic important for a government -- especially an international one -- to address? As an example, pointy desk corners are usually not a matter worth imposing law on. What makes the topic you chose so important for there to be legislation on it, unlike pointy desk corners?
   
   
2. How is this topic legislated on in real life? Why is it legislated on this way, and what the arguments against doing so? What is the effect of this legislation? How should it be legislated on?
   
   
3. What is the extent of the topic, and nuances therein? What are the "ifs" and "buts" of legislation on the topic? As an example, when I wrote my ban on collective punishment, a significant issue of concern was the doctrine of respondeat superior or vicarious liability; and when and how it is applied.

You may find that a topic is so complex, technical, or nuanced in real life that it is not worth legislating on. This is fine -- you can try another topic! If you find that the topic is worth legislating on, and have figured out the best way to legislate on it and why you to do so, it is time to move onto the next stage, which is putting the policy to (digital) paper.

There are some policies which are only ones you would address in a World Assembly context. The most important of these is the "blocker", a Section such as "Each member nation may decide for itself whether to regulate XXX" which prevents the World Assembly from legislating on a topic. This could be because the topic is too complex and specific to member nations that any mandate would harm some member nations. However, not only is it illegal under the GA rules to have a blocker be the only effect of a resolution, but it is generally best to avoid writing blockers into resolutions as a new author, as they tend to be controversial, unless you have a clear consensus for including one.

Writing Resolution Text​

Now that you have a resolution idea and know what you want to enact, now you have to actually write this into policy. A resolution has two parts: a "preamble" and "active clauses". You should be aware that resolutions cannot exceed 5000 characters, excluding line breaks. The game will not allow a proposal which breaks this limit to be submitted.

Preamble

First you need to include a preamble, which lists reasons that a certain policy is necessary and should be enacted by the World Assembly. A preamble generally takes the format of a set of "preambulatory clauses" followed by an "enacting clause". Here are some examples of preambulatory clauses from resolutions both by myself and others,

REAFFIRMING that it is a right of states to refrain from conflicts that do not directly involve them,

Holding that expanding the duty of business entities to the actions of their employees protects employees, allows adequate compensation to victims, promotes higher standards for safe conduct, and spreads the cost of risk equitably;

Convinced that the death penalty is a draconian judicial punishment often used in the name of revenge and wrongfully rationalized as justice,

Excited by the further benefits of the World Assembly engaging in its own research vis-a-vis endangered species, which would facilitate member nations' own conservation and research efforts;

An enacting clause should be something simple stating that the policies stated next are to be enacted. Wording such as "The World Assembly enacts as follows" should do. To ensure that your proposal does not contradict some past resolution, you may want to also add a "subordinating clause". Do this by using "The World Assembly enacts as follows, subject to previous World Assembly resolutions still in force" or wording to that effect.

Active clauses

Now that you have a preamble, you need to add active clauses below the enacting clauses. Generally, you can do this by making a numbered (1, 2, 3, etc) list, with each list containing each mandate you want to enact. Sublists should be lettered (a, b, c, etc); and subsublists (if that is a word :p) should use Roman numerals (i, ii, iii, etc). You simply need to write down the policy you want to enact! When doing this, it is important to make sure mandates are clear and specific.

Make sure that, when you write your resolution, it is compliant with all the GA rules -- explained in Lesson 3. You should also proof-read your resolution for any spelling or grammar errors, as well as any policy issues (see Lesson 4 for how to evaluate proposals). It is often worth asking other players active in the General Assembly to review your proposal.

Formatting

Sometimes, players seem to have issue with formatting proposals. I personally have not had much issue with this, but if you do, you should note the following,

1. Use the following formatting to make a numbered list,
   

   [list=1][*]Item 1
   
   
   [*]Item 2
   
   
   [*]Item 3, etc[/list]

   
   [*\To make a lettered list, replace [list=1] with [list=a]; for a list using Roman numerals, replace the same with [list=a]. If you want to use simple bullet points (only ever do this in preambles!) replace it with just [list]

Writing Resolution Text​

Once you have written a draft ready for public scrutiny, you should post it to the General Assembly forums. There, you should receive feedback from fellow authors, many of which have years of experience passing resolutions. Make sure to address this feedback in a civil and respectful manner, while amending your draft according to feedback you are given so as to resolve any concerns regarding the repeal from other players. Unless you are a very experienced author, do not submit your proposal until it has been in drafting on the forums for at least three weeks. Once your proposal is submitted, you will have to campaign for it so that it can get to vote; but that is covered in the final and next lesson.

Assignment​

As with writing repeals, for this I think it will just be various things done for drafting positive laws.

1. Pick a topic which might be a good topic for the World Assembly to address. Why is it?
   
   
2. Research that topic, and answer how it is legislated on in real life, and what are the nuances of the topic?
   
   
3. Write a preamble of a resolution legislating on the topic. (Optional) If you really want to, try actually drafting and pursuing a full positive resolution on the topic, although you should check out the next lesson before doing so!

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