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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 200 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.
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 200 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.
Book Synopsis The Nature and Value of Vagueness in the Law by : Hrafn Ásgeirsson
Download or read book The Nature and Value of Vagueness in the Law written by Hrafn Ásgeirsson and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1. Authority, Communication and Legal Content -- 2. On the Instrumental Value of Vagueness in the Law -- 3. Vagueness and Power Delegation in Law -- 4. Vagueness, Uncertainty and Behaviour -- 5. On the Possibility of Non-literal Legislative Speech -- 6. Textualism, Content and Interpretation -- 7. Resolving Cases of Vagueness -- 8. Legal Practice and Theories of Vagueness.
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 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.
Download or read book Vagueness written by Kit Fine and published by Oxford University Press. This book was released on 2020-04-01 with total page 192 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.
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 Vagueness written by Timothy Williamson and published by Routledge. This book was released on 2002-01-04 with total page 344 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 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: In psychiatry there is no sharp boundary between the normal and the pathological. Although clear cases abound, it is often indeterminate whether a particular condition does or does not qualify as a mental disorder. For example, definitions of subthreshold disorders and of the prodromal stages of diseases are notoriously contentious. Philosophers and linguists call concepts that lack sharp boundaries, and thus admit of borderline cases, 'vague'. Although blurred boundaries between the normal and the pathological are a recurrent theme in many publications concerned with the classification of mental disorders, systematic approaches that take into account philosophical reflections on vagueness are rare. This book provides interdisciplinary discussions about vagueness in psychiatry by bringing together scholars from psychiatry, psychology, philosophy, history, and law. It draws together various lines of inquiry into the nature of gradations between mental health and disease and discusses the individual and societal consequences of dealing with blurred boundaries in medical practice, forensic psychiatry, and beyond. --
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 288 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 Vagueness and Degrees of Truth by : Nicholas J. J. Smith
Download or read book Vagueness and Degrees of Truth written by Nicholas J. J. Smith and published by OUP Oxford. This book was released on 2008-11-06 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Vagueness and Degrees of Truth, Nicholas Smith develops a new theory of vagueness: fuzzy plurivaluationism. A predicate is said to be vague if there is no sharply defined boundary between the things to which it applies and the things to which it does not apply. For example, 'heavy' is vague in a way that 'weighs over 20 kilograms' is not. A great many predicates - both in everyday talk, and in a wide array of theoretical vocabularies, from law to psychology to engineering - are vague. Smith argues, on the basis of a detailed account of the defining features of vagueness, that an accurate theory of vagueness must involve the idea that truth comes in degrees. The core idea of degrees of truth is that while some sentences are true and some are false, others possess intermediate truth values: they are truer than the false sentences, but not as true as the true ones. Degree-theoretic treatments of vagueness have been proposed in the past, but all have encountered significant objections. In light of these, Smith develops a new type of degree theory. Its innovations include a definition of logical consequence that allows the derivation of a classical consequence relation from the degree-theoretic semantics, a unified account of degrees of truth and subjective probabilities, and the incorporation of semantic indeterminacy - the view that vague statements need not have unique meanings - into the degree-theoretic framework. As well as being essential reading for those working on vagueness, Smith's book provides an excellent entry-point for newcomers to the era - both from elsewhere in philosophy, and from computer science, logic and engineering. It contains a thorough introduction to existing theories of vagueness and to the requisite logical background.
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 Strategic Indeterminacy in the Law by : David Lanius
Download or read book Strategic Indeterminacy in the Law written by David Lanius and published by Oxford Studies in Language and. This book was released on 2019 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 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 Semantics - Lexical Structures and Adjectives by : Claudia Maienborn
Download or read book Semantics - Lexical Structures and Adjectives written by Claudia Maienborn and published by Walter de Gruyter GmbH & Co KG. This book was released on 2019-02-19 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discover vital research on the lexical and cognitive meanings of words. In this exciting book from a team of world-class researchers, in-depth articles explain a wide range of topics, including thematic roles, sense relation, ambiguity and comparison. The authors focus on the cognitive and conceptual structure of words and their meaning extensions such as coercion, metaphors and metonymies. The book features highly cited material – available in paperback for the first time since its publication – and is an essential starting point for anyone interested in lexical semantics, especially where it meets other cognitive and conceptual research.
Book Synopsis What is a Law of Nature? by : D. M. Armstrong
Download or read book What is a Law of Nature? written by D. M. Armstrong and published by Cambridge University Press. This book was released on 2016-08-26 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1985, D. M. Armstrong's original work on what laws of nature are has continued to be influential in the areas of metaphysics and philosophy of science. Presenting a definitive attack on the sceptical Humean view, that laws are no more than a regularity of coincidence between stances of properties, Armstrong establishes his own theory and defends it concisely and systematically against objections. Presented in a fresh twenty-first-century series livery, and including a specially commissioned preface written by Marc Lange, illuminating its continuing importance and relevance to philosophical enquiry, this influential work is available for a new generation of readers.
