Vagueness in Law
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80 141 Ft
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Product details:
- Publisher OUP Oxford
- Date of Publication 14 December 2000
- ISBN 9780198268406
- Binding Hardback
- No. of pages226 pages
- Size 243x164x18 mm
- Weight 474 g
- Language English 0
Categories
Short description:
Vagueness in law leads to indeterminacies in legal rights and obligations in many cases. The book defends that claim and explains its implications for legal theory. Vague language is the book's focus, but vagueness is not merely a linguistic feature of law. Law is necessarily vague. That fact seems to threaten the coherence of the ideal of the rule of law. The book defends a new, coherent articulation of that ideal.
MoreLong description:
Vagueness leads to indeterminacies in the application of the law in many cases. This book responds to the challenges that those indeterminacies pose to a theory of law and adjudication.
The book puts controversies in legal theory in a new light, using arguments in the philosophy of language to offer an explanation of the unclarities that arise in borderline cases for the application of vague expressions. But the author also argues that vagueness is a feature of law, and not merely of legal language: the linguistic and non-linguistic resources of the law are commonly vague.
These claims have consequences that have seemed unacceptable to many legal theorists. Because law is vague, judges cannot always decide cases by giving effect to the legal rights and obligations of the parties. Judges cannot always treat like cases alike. The ideal of the rule of law seems to be unattainable. The book offers a new articulation of the content of that ideal. It argues that the pursuit of justice and the rule of law do not depend on the idea that the requirements of the law are determinate in all cases. The resolution of unresolved disputes is an important and independent duty of judges--a duty that is itself an essential component of the ideal of the rule of law.
Table of Contents:
Introduction
Linguistic Indeterminacy
Sources of Indeterminacy
Vagueness and Legal Theory
How not to Solve the Paradox of the Heap
The Epistemic Theory of Vagueness
Vagueness and Similarity
Vagueness and Interpretation
The Impossibility of the Rule of Law
Bibliography
Index