generality principle definition

generality principle means, consistent with Fuller’s model, that there must be abstract rules not made with any individual in mind. “Equality” extends this principle to ad- ditionally narrow its scope to the creation of laws that do not make arbitrary distinctions between groups that are not approved of by a majority of a society’s population, and this Hayek contends happens only in very few circumstances such as in male-only military conscription.13 “Certainty” states that individuals must be able to predict and interpret what rules will be applied to their actions and how those rules will be interpreted. It is quite dangerous, in Hayek’s opinion for judges to be given any significant amount of discretion in rulings. He equates discretion with arbitrary will in the sense that it negates generality and the ability for individuals to know to what rules they will be subject. “Known general laws, however bad, interfere less with free- dom than decisions based on no previously known rule.”14 Hayek’s conception of justice is very heavily centered on precedent and close adherence to legal text.
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Related to generality principle

  • Agreed Security Principles means the principles set out in Schedule 11 (Agreed Security Principles).

  • First Priority Principal Payment means, for a Payment Date, the greater of:

  • Second Priority Principal Payment means, for a Payment Date, the greater of:

  • Information Privacy Principles means the information privacy principles set out in the Privacy and Data Protection Act 2014 (Vic).

  • First Priority Principal Distribution Amount means, with respect to any Payment Date, an amount equal to the excess, if any, of (a) the Class A Note Balance as of such Payment Date (before giving effect to any principal payments made on the Class A Notes on such Payment Date), over (b) the related Adjusted Pool Balance; provided, however, that (i) the First Priority Principal Distribution Amount on the Class A-1 Final Scheduled Payment Date shall not be less than the amount that is necessary to reduce the outstanding principal amount of the Class A-1 Notes to zero; (ii) the First Priority Principal Distribution Amount on the Class A-2a Final Scheduled Payment Date shall not be less than the amount that is necessary to reduce the outstanding principal amount of the Class A-2a Notes to zero; (iii) the First Priority Principal Distribution Amount on the Class A-2b Final Scheduled Payment Date shall not be less than the amount that is necessary to reduce the outstanding principal amount of the Class A-2b Notes to zero; (iv) the First Priority Principal Distribution Amount on the Class A-3 Final Scheduled Payment Date shall not be less than the amount that is necessary to reduce the outstanding principal amount of the Class A-3 Notes to zero; and (v) the First Priority Principal Distribution Amount on the Class A-4 Final Scheduled Payment Date shall not be less than the amount that is necessary to reduce the outstanding principal amount of the Class A-4 Notes to zero.