Policies state objectives while principles justify them with reasons.

Evidence

A policy is simply a statement of objective. E.Z., full employment, the promotion of the practice and procedure of collec- tive bargaining, national security, conservation of natural resources, etc., etc., etc. A principle also describes a result to be achieved. But it differs in that it asserts that the result ought to be achieved and includes, either expressly or by reference to well understood bodies of thought, a statement of the reasons whX it should be achieved. E.e.g Pacta sunt servanda - agreements should be observed; no person should be unjustly enriched; etc., etc. … Policies usually have reasons behind them but they are likely to be less closely thought out and justified. At least in the extremes and for some purposes, there seems to be a significant difference between a mere statement of objective which may be a matter of unreasoned preference, and a statement that a certain objective ought to be sought or a certain course of action followed, which necessarily involves a rationale founded on human experience of why this is so. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 2711

Categorization

  • DEFINE: Delimits the principle-policy distinction the chapter introduces.
  • XREF: connects to: Principles and policies mainly guide trained official discretion. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 2726; Inchoate rules postpone policy and delegate power to addressees. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 2680; Rules prescribe actions while principles guide judgment. — Ambedkar, B R, Annihilation of Caste_ The Annotated…, 993 (+1 more)

Broader Connections