Tham khảo tài liệu 'form and function in a legal system - a general study part 5', văn bản luật, bộ máy hành chính phục vụ nhu cầu học tập, nghiên cứu và làm việc hiệu quả | Section Five The Feature of Definiteness 155 space. Thus although my theft statute is on its face incomplete in not specifying a mental element this missing part or element - this apparently unfilled space -could be filled by a a generally presumed in the law mental element unless explicitly negated b a particular adjacent rule supplementing all such rules . a general part of the criminal law c a general principle running through the system or d a definitional provision or some other source. Thus ultimately a statutory rule maybe judged complete although this is not evident from the face of the rule. At the same time a rule of a given type may appear incomplete in light of the typology of parts appropriate to such a rule yet not be so because the rule-creating body has chosen to create an exception. For example the legislature might choose to impose strict liability for a given theft offense and thus create an exception to the general rule requiring the filling of a space for a mental element for commission of such an offense. Judgments of completeness in form and in complementary components of content then presuppose a relevant typology of parts or elements for the rule at hand. Moreover where a rule is a member of a discrete set judgments of completeness must be holistic - they must take into account the content of other rules or law in the set. Further judgments of sufficient completeness at inception must also be made in light of possibly justified incompleteness. A rule may be considered sufficiently complete at inception even though it is significantly incomplete provided this is for good reason. Completeness as manifest in content in spaces is a positive feature of the rule though a formal one that leaves rather more of an effect on content than a mere imprint. This feature may be said to be actually present in the rule yet it can be isolated for analysis description and evaluation. It is therefore susceptible of characterization on its own. Completeness
