Strategic Indeterminacy in the Law
Series: Oxford Studies in Language and Law;
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Product details:
- Publisher OUP USA
- Date of Publication 18 July 2019
- ISBN 9780190923693
- Binding Hardback
- No. of pages352 pages
- Size 236x157x33 mm
- Weight 658 g
- Language English 0
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Short description:
Indeterminacy in the law is pervasive. Many claim that it facilitates flexibility and can be strategically deployed. But what are the sources of indeterminacy, what effects do its different forms have, and how should it be used? This book provides a needed, comprehensive account of strategic indeterminacy in the law.
MoreLong description:
Though indeterminacy in legal texts is pervasive, there is a widespread misunderstanding about what indeterminacy is, particularly as it pertains to law. Legal texts present unique challenges insofar as they address a heterogeneous audience, are applied in a variety of unforeseeable circumstances and must, at the same time, lay down clear and unambiguous standards. Sometimes they fail to do so, however, either by accident or by intention. While many have claimed that indeterminacy facilitates flexibility and can be strategically used, few have recognized that there are more forms of indeterminacy than vagueness and ambiguity. A comprehensive account of legal indeterminacy is thus called for.
David Lanius here answers that call and in so doing, addresses three central questions about the role of indeterminacy in the law. First, what are the sources of indeterminacy in law? Second, what effects do the different forms of indeterminacy have? Third, how can and should these forms be intentionally used? Based on a thorough examination of the advantages and disadvantages of the different forms of indeterminacy in the wording of laws, contracts, and verdicts, Lanius argues for the claim that semantic vagueness is less relevant than commonly supposed in the debate, while other forms of indeterminacy (in particular, polysemy and standard-relativity) are mistakenly underrated or even ignored. This misconception is due to a systematic confusion between semantic vagueness and these other forms of indeterminacy. Once it is resolved, the value and functions of linguistic indeterminacy in the law can be clearly shown.
a work of remarkable scholarship ... for scholars interested in the relation between law and language, Strategic Indeterminacy in the Law is required reading.
Table of Contents:
Introduction
Chapter 1: Forms of Indeterminacy
Chapter 2: Language and the Law
Chapter 3: Indeterminacy in the Law
Chapter 4: Functions of Indeterminacy
Chapter 5: Strategic Indeterminacy in the Law
Summary and Conclusion
