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.