LEGISLATION IN VAGUE OR GENERAL TERMS

For some reason, probably in part the increasing complexity of our life and relationships, but more largely, perhaps, the growing tendency to regulate everybody and everything by positive law, the courts have been called upon with increasing frequency to pass upon the effectiveness of statutes and ordinances phrased in indefinite terms. In a very interesting and valuable paper, Professor Freund has pointed out the weakness and strength, on the one hand, of legislation in general terms, and on the other hand, legislation in which the rule of conduct is attempted to be laid down with precision. His interest apparently lay in the effect of the legislation from the point of view of its administration. It may be not without interest to consider how far legislative bodies may go in the direction of generality without impairing the validity of their product.