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The Nature And Value Of Vagueness In The Law
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Book Synopsis The Nature and Value of Vagueness in the Law by : Hrafn Asgeirsson
Download or read book The Nature and Value of Vagueness in the Law written by Hrafn Asgeirsson and published by Bloomsbury Publishing. This book was released on 2020-04-10 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawmaking is – paradigmatically – a type of speech act: people make law by saying things. It is natural to think, therefore, that the content of the law is determined by what lawmakers communicate. However, what they communicate is sometimes vague and, even when it is clear, the content itself is sometimes vague. This monograph examines the nature and consequences of these two linguistic sources of indeterminacy in the law. The aim is to give plausible answers to three related questions: In virtue of what is the law vague? What might be good about vague law? How should courts resolve cases of vagueness? It argues that vagueness in the law is sometimes a good thing, although its value should not be overestimated. It also proposes a strategy for resolving borderline cases, arguing that textualism and intentionalism – two leading theories of legal interpretation – often complement rather than compete with each other.
Download or read book Vagueness written by Kit Fine and published by Rutgers Lectures in Philosophy. This book was released on 2020 with total page 121 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vagueness is a subject of long-standing interest in the philosophy of language, metaphysics, and philosophical logic. Numerous accounts of vagueness have been proposed in the literature but there has been no general consensus on which, if any, should be be accepted. Kit Fine here presents a new theory of vagueness based on the radical hypothesis that vagueness is a "global" rather than a "local" phenomenon. In other words, according to Fine, the vagueness of an object or expression cannot properly be considered except in its relation to other objects or other expressions. He then applies the theory to a variety of topics in logic, metaphysics and epistemology, including the sorites paradox, the problem of personal identity, and the transparency of mental phenomenon. This is the inaugural volume in the Rutgers Lectures in Philosophy series, presenting lectures from the most important contemporary thinkers in the discipline.
Download or read book Vagueness written by Timothy Williamson and published by Routledge. This book was released on 2002-01-04 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: If you keep removing single grains of sand from a heap, when is it no longer a heap? From discussions of the heap paradox in classical Greece, to modern formal approaches like fuzzy logic, Timothy Williamson traces the history of the problem of vagueness. He argues that standard logic and formal semantics apply even to vague languages and defends the controversial, realist view that vagueness is a form of ignorance - there really is a grain of sand whose removal turns a heap into a non-heap, but we can never know exactly which one it is.
Book Synopsis Natural Law and the Nature of Law by : Jonathan Crowe
Download or read book Natural Law and the Nature of Law written by Jonathan Crowe and published by Cambridge University Press. This book was released on 2019-04-25 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a systematic, contemporary defence of the natural law outlook in ethics, politics and jurisprudence.
Download or read book Cuts and Clouds written by Richard Dietz and published by Oxford University Press. This book was released on 2010-02-11 with total page 599 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vagueness is a deeply puzzling aspect of the relation between language and the world. Is it a feature of the way we represent reality in language, or a feature of reality itself? How can we reason with vague concepts? Cuts and Clouds presents the latest work towards an understanding of these puzzles about the nature and logic of vagueness.
Book Synopsis The Whole Duty of Man According to the Law of Nature by : Samuel Freiherr von Pufendorf
Download or read book The Whole Duty of Man According to the Law of Nature written by Samuel Freiherr von Pufendorf and published by . This book was released on 1716 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Vagueness in Psychiatry by : Geert Keil
Download or read book Vagueness in Psychiatry written by Geert Keil and published by Oxford University Press. This book was released on 2017 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Blurred boundaries between the normal and the pathological are a recurrent theme in almost every publication concerned with the classification of mental disorders. Yet, systematic approaches that take into account discussions about vagueness are rare. This volume is the first in the psychiatry/philosophy literature to tackle this problem.
Download or read book Vagueness and Law written by Geert Keil and published by Oxford University Press. This book was released on 2016 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vague expressions are omnipresent in natural language. As such, their use in legal texts is virtually inevitable. If a law contains vague terms, the question whether it applies to a particular case often lacks a clear answer. One of the fundamental pillars of the rule of law is legal certainty. The determinacy of the law enables people to use it as a guide and places judges in the position to decide impartially. Vagueness poses a threat to these ideals. In borderline cases, the law seems to be indeterminate and thus incapable of serving its core rule of law value. In the philosophy of language, vagueness has become one of the hottest topics of the last two decades. Linguists and philosophers have investigated what distinguishes "soritical" vagueness from other kinds of linguistic indeterminacy, such as ambiguity, generality, open texture, and family resemblance concepts. There is a vast literature that discusses the logical, semantic, pragmatic, and epistemic aspects of these phenomena. Legal theory has hitherto paid little attention to the differences between the various kinds of linguistic indeterminacy that are grouped under the heading of "vagueness", let alone to the various theories that try to account for these phenomena. Bringing together leading scholars working on the topic of vagueness in philosophy and in law, this book fosters a dialogue between philosophers and legal scholars by examining how philosophers conceive vagueness in law from their theoretical perspective and how legal theorists make use of philosophical theories of vagueness. The chapters of the book are organized into three parts. The first part addresses the import of different theories of vagueness for the law, referring to a wide range of theories from supervaluationist to contextualist and semantic realist accounts in order to address the question of whether the law can learn from engaging with philosophical discussions of vagueness. The second part of the book examines different vagueness phenomena. The contributions in part 2 suggest that the greater awareness to different vagueness phenomena can make lawyers aware of specific issues and solutions so far overlooked. The third part deals with the pragmatic aspects of vagueness in law, providing answers to the question of how to deal with vagueness in law and with the professional, political, moral, and ethical issues such vagueness gives rise to.
Book Synopsis Philosophical Foundations of Language in the Law by : Andrei Marmor
Download or read book Philosophical Foundations of Language in the Law written by Andrei Marmor and published by OUP Oxford. This book was released on 2013-01-31 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together the best contemporary philosophical work in the area of intersection between philosophy of language and the law. Some of the contributors are philosophers of language who are interested in applying advances in philosophy of language to legal issues, and some of the participants are philosophers of law who are interested in applying insights and theories from philosophy of language to their work on the nature of law and legal interpretation. By making this body of recent work available in a single volume, readers will gain both a general overview of the various interactions between language and law, and also detailed analyses of particular areas in which this interaction is manifest. The contributions to this volume are grouped under three main general areas: The first area concerns a critical assessment, in light of recent advances in philosophy of language, of the foundational role of language in understanding the nature of law itself. The second main area concerns a number of ways in which an understanding of language can resolve some of the issues prevalent in legal interpretation, such as the various ways in which semantic content can differ from law's assertive content; the contribution of presuppositions and pragmatic implicatures in understanding what the law conveys; the role of vagueness in legal language, for example. The third general topic concerns the role of language in the context of particular legal doctrines and legal solutions to practical problems, such as the legal definitions of inchoate crimes, the legal definition of torture, or the contractual doctrines concerning default rules. Together, these three key issues cover a wide range of philosophical interests in law that can be elucidated by a better understanding of language and linguistic communication.
Book Synopsis Philosophical Foundations of the Nature of Law by : Wilfrid J. Waluchow
Download or read book Philosophical Foundations of the Nature of Law written by Wilfrid J. Waluchow and published by Oxford University Press. This book was released on 2013-03-14 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines power-sharing agreements, their legitimacy and their compatibility with human rights law. Providing a clear, accessible introduction to the political science and human rights law on the issue, the book is an invaluable guide to all those engaged with transitional justice, peace agreements, and human rights.
Download or read book Design in Nature written by Adrian Bejan and published by Anchor. This book was released on 2013-01-08 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this groundbreaking book, Adrian Bejan takes the recurring patterns in nature—trees, tributaries, air passages, neural networks, and lightning bolts—and reveals how a single principle of physics, the constructal law, accounts for the evolution of these and many other designs in our world. Everything—from biological life to inanimate systems—generates shape and structure and evolves in a sequence of ever-improving designs in order to facilitate flow. River basins, cardiovascular systems, and bolts of lightning are very efficient flow systems to move a current—of water, blood, or electricity. Likewise, the more complex architecture of animals evolve to cover greater distance per unit of useful energy, or increase their flow across the land. Such designs also appear in human organizations, like the hierarchical “flowcharts” or reporting structures in corporations and political bodies. All are governed by the same principle, known as the constructal law, and configure and reconfigure themselves over time to flow more efficiently. Written in an easy style that achieves clarity without sacrificing complexity, Design in Nature is a paradigm-shifting book that will fundamentally transform our understanding of the world around us.
Book Synopsis Theories of Vagueness by : Rosanna Keefe
Download or read book Theories of Vagueness written by Rosanna Keefe and published by Cambridge University Press. This book was released on 2000-09-28 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: A powerful comparative study of the main theories of vagueness, first published in 2000.
Book Synopsis Legal Interpretation and Scientific Knowledge by : David Duarte
Download or read book Legal Interpretation and Scientific Knowledge written by David Duarte and published by Springer Nature. This book was released on 2019-09-25 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the question of whether legal interpretation is a scientific activity. The law’s dependency on language, at least for the usual communication purposes, not only makes legal interpretation the main task performed by those whose work involves the law, but also an unavoidable step in the process of resolving a legal case. This task of decoding the words and sentences used by normative authorities while enacting norms, carried out in compliance with the principles and rules of the natural language adopted, is prone to all of the difficulties stemming from the uncertainty intrinsic to all linguistic conventions. In this context, seeking to determine whether legal interpretation can be scientific or, in other words, can comply with the requirements for scientific knowledge, becomes a central question. In fact, the coherent application of the law depends on a knowledge regarding the meaning of normative sentences that can be classified (at least) as being structured, systematically organized and tendentially objective. Accordingly, this book focuses on analyzing precisely these problems; its respective contributions offer a range of revealing perspectives on both the problems and their ramifications.
Download or read book The Sorites Paradox written by Sergi Oms and published by Cambridge University Press. This book was released on 2019-10-10 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a systematic introduction and discussion of all the main solutions to the sorites paradox and its areas of influence.
Book Synopsis Settled Versus Right by : Randy J. Kozel
Download or read book Settled Versus Right written by Randy J. Kozel and published by Cambridge University Press. This book was released on 2017-06-06 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the theoretical nuances and practical implications of how judges use precedent.
Download or read book Ancient Law written by Henry Sumner Maine and published by . This book was released on 1861 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Cambridge Companion to the Rule of Law by : Jens Meierhenrich
Download or read book The Cambridge Companion to the Rule of Law written by Jens Meierhenrich and published by Cambridge University Press. This book was released on 2021-08-12 with total page 715 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Cambridge Companion to the Rule of Law introduces students, scholars, and practitioners to the theory and history of the rule of law, one of the most frequently invoked-and least understood-ideas of legal and political thought and policy practice. It offers a comprehensive re-assessment by leading scholars of one of the world's most cherished traditions. This high-profile collection provides the first global and interdisciplinary account of the histories, moralities, pathologies and trajectories of the rule of law. Unique in conception, and critical in its approach, it evaluates, breaks down, and subverts conventional wisdom about the rule of law for the twenty-first century.
