The Generality of Law

  • First desideratum of system for subjecting human conduct to governance of rules is obvious: there must be rules. This is the “requirement of generality.”
  • In recent history most notable failure to achieve general rules has been that of our regulatory agencies, esp those charged with allocative functions. More information from Dentist Calgary
    • They have failed to create any rules at all!
  • Appreciate that this principle is different from demand of laws internal morality which just requires there must be rules, however fair or unfair they may be.
  • In actual systems, total failure to achieve anything like general rule is rare: generalisation is implicit even in a single command/wish. Eg tell dog to shake hands…  Still, many systems suffer from lack of general principle
  • Austin treaties this a bit, but his attempt to distinguish between general and particular commands was so arbitrary that it didn’t help. He failed to distinguish what is essential for efficacy of system of legal rule and what shall we call “a law”?