The Legislator's Intentions

Sociologists of law therefore encounter problems of interpretation when they attempt to determine the legislator&s;s intentions. First, it is often difficult to distinguish between theory and ideology. Second, even if the legislator bases his views on a treatment theory, he usually does not support his arguments with empirical data. Third, the legislator describes the system&s;s manifest functions and almost entirely neglects its latent functions. Fourth, the legislator proceeds almost exclusively from his own value system and fail to appraise the measures from the perspective of the person who will be subjected to treatment. Fifth, the legislator rarely undertakes a proper ends-means analysis. Sixth, legal language gives rise to certain problems. Finally, it is sometimes difficult to say who is the legislator and what weight should be given to legislative preparatory work, to doctrine and to practice. The legislator&s;s intentions have been successively watered down.