Tham khảo tài liệu 'form and function in a legal system - a general study part 6', văn bản luật, bộ máy hành chính phục vụ nhu cầu học tập, nghiên cứu và làm việc hiệu quả | 198 Form and Content within a Rule - Continued rule of law favoring high definiteness in the second law-making episode is not an absolute. The extent of sacrifice of policy and other ends such as driver free choice that would result if high definiteness were chosen could be very considerable. If the data show that the sacrifice of policy and other ends due to high definiteness with its under- and over-inclusion would simply be too great the less definite drive reasonably rule would be better even though it involves some sacrifice of rule of law values such as fair advanced notice and like treatment of like cases. In this third type of law-making episode we would have what might be called a policy priorital effect. The choice of a lower degree of definiteness would implement this trade-off and this formal feature would merit some credit too. There is also a fourth possible type of law-making episode. Sometimes the inherent nature of the subject matter of the policy or other end at stake allows only low degrees of a given formal feature such as definiteness and so limits the extent to which general values of the rule of law can be realized at all. Consider for example the general policy favoring the exercise of due care in the various activities of social life. As we have seen it is not feasible to define fully and in advance what constitutes due There are many other examples of important policies that cannot be defined with high degrees of definiteness in advance of occasions for their implementation. In such cases the nature of the policy content involved generally limits the possible formal choices to lower degrees of definiteness because higher degrees would introduce intolerable over or under-inclusion or both. Some sacrifice of values of the rule of law is therefore required not so much because these values are outweighed by the extensive policy to be realized through the lower degree of definiteness as in cases of the third type mentioned earlier but .
