The underlying standard keeps measuring an elaborated rule’s adequacy.

Evidence

What especially is to be noted, in this situation, is the rational relation- ship which is supposed to exist between the subsidiary rule and the underlying standard. Even with respect to matters covered by the rule, the standard thus has a continuing function as a measure of the rule’s adequacy and as a guide in any needed revision. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 2698

Categorization

  • XREF: connects to: Standards demand qualitative appraisal, whereas rules only need factual findings. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 2687; Successful rule operation is remarkable and never fully eliminates uncertainty. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 2676