Generality of the Law

Argument of the GENERALITY OF THE LAW

In law, the argument of the generality of the law [1] states that the law must be applied in its entirety, that is, the law is not negotiable.
— We must not make distinctions where the law does not.
— General terms should not be given particular meanings.
— Most important: The law does not discriminate between persons: all subjects of law are equal before the law.

This principle is enshrined in the Universal Declaration of Human Rights of 1789, Article 6, “The law shall be the same for all.”

The Constitution of the 5th French Republic, Article 1, states, « [The French Republic] shall ensure the equality before the law of all citizens without distinction of origin, race or religion.”

A reminder:

Punishment of error does not avoid the great ministers, rewards for good does not overlook commoners
Han Fei (~-283, -233), Han Fei Tzi, Section 6, “On having standards” [2].

Any possible exceptions must be explicitly stated in the relevant regulation. For example, while canna­bis consumption is generally prohibited, it may be tolerated in some specific places that comply with existing regulation.

In public places, people’s behavior must conform to the law plus the specific rules of the place.  When rules are strictly enforced, they also follow the principle of generality. If the school rule states in general terms that “the use of cell phones during class is prohibited ”, then it applies generally, and does not allow for exceptions or distinctions. One cannot argue that the rule applies only to “the lower grades”, or that exceptions should be made for students who “urgently need to manage their bank account”, or for “students who are in good academic standing”, see strict meaning


[1] Latin a generali sensu; Lat. generalis “general”, sensus “thought, idea”.

[2] Han Fei (~-283, -233) — Han Fei Tzi, Section 6, “On having standards”; quoted and translated by A. C. Graham, 1989; 2 ed. 1991, p. 277.