(e) Legal arguments based on policy

When you make a policy argument, you essentially say: 'a certain interpretation of the law will bring about a certain state of affairs, and this state of affairs is either acceptable or unacceptable in the eyes of the law'.329 Think about whether you can use any of the following kinds of 'policy' arguments and counterarguments.330

brainstorm BRAINSTORM

Thrust Parry

'My interpretation will lead to good outcomes'

'My opponent's prediction of good outcomes is wrong'331

'The good outcomes are not ones the law is supposed to serve'332

'My interpretation is supported by other kinds of good outcomes, which are better than my opponent's predicted outcomes'333

Table 70: Policy arguments

329 William Huhn, The Five Types of Legal Argument (2002) 51. See also Anthony Mason, 'Policy Considerations' in Tony Blackshield et al (eds), Oxford Companion to the High Court of Australia (2001) 535 ('policy arguments come into play as the rule to be adopted is shaped and evaluated by reference to its effect in producing a desirable state of affairs').

330 William Huhn, The Five Types of Legal Argument (2002) 51–68.

331 William Huhn, The Five Types of Legal Argument (2002) 132.

332 William Huhn, The Five Types of Legal Argument (2002) 133–7.

333 William Huhn, The Five Types of Legal Argument (2002) 139–41.

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