ABSTRACT

The role of purpose becomes apparent in the application of rules to the particular. Purpose can thus be used to preclude the application of a rule in situations which seem to fall squarely within its language when such application would lead to results entirely alien to its purpose. The difficulty with the use of purpose for the resolution of problems about the application of rules is their frequent indeterminacy of aim. Rules and statutes are, however, no less frequently accompanied by reasonably clear indications of what they are designed to accomplish. Even so, the determination of the purpose or policy of an enactment often involves the consideration of complex compromises and indeterminate goals which leave the legislator’s policy unresolved. Because of their vagueness, these purposes and policies cannot function as effective guides for the application of a rule to particulars.