Drafting Styles: Fuzzy or Fussy?

Abstract

This paper focuses on the common law system of legislative drafting, favouring precision and particularity ("fussy" law). The author then compares this approach with the civilian tradition of openness and generality ("fuzzy law"). These differences in drafting styles are related to long established legal-philosophical traditions, with characteristic judicial attitudes, political expectations and legal procedures in which the roles performed by legislator and judge are quite different. The advantages of "fussy" law are first outlined, followed by the disadvantages of this tradition as put forward by the Renton Committee. In conclusion, Campbell proposes the adoption of advantageous aspects of "fuzzy" law in Australia, and also discusses some of the impediments such moves would create.

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