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Vagueness And Law
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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 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 Vagueness in Law by : Timothy Andrew Orville Endicott
Download or read book Vagueness in Law written by Timothy Andrew Orville Endicott and published by . This book was released on 2003 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Limiting Arbitrary Power by : Marc Ribeiro
Download or read book Limiting Arbitrary Power written by Marc Ribeiro and published by UBC Press. This book was released on 2004 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the emerging void-for-vagueness doctrine, a law lacking precision can be declared invalid. In this, the first book published on the subject, Marc Ribeiro offers a balanced analysis of this doctrine and its application in the context of the Canadian constitution. Taking as its starting point a cogent analysis of the fundamental concepts of "legality" and the "rule of law," Limiting Arbitrary Power undertakes a specific study of the contents of the vagueness doctrine. Dr. Ribeiro presents an in-depth exploration of the courts' current approach, and suggests how it may be refined in the future. In that regard, he proposes techniques for legislative drafting in which certainty could be enhanced without compromising the flexibility required in law. Acknowledging that to date, the doctrine has yet to be granted an autonomous status for invalidating legislation, he also examines in detail the possible situations in which vagueness may become applicable under the Charter. An important addition to Canadian law libraries, Limiting Arbitrary Power will be eagerly received by legal professionals, legislators, and scholars of constitutional law and legal theory.
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.
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.
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 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 Vagueness in Normative Texts by : Vijay K. Bhatia
Download or read book Vagueness in Normative Texts written by Vijay K. Bhatia and published by Peter Lang. This book was released on 2005 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: Normative texts are meant to be highly impersonal and decontextualised, yet at the same time they also deal with a range of human behaviour that is difficult to predict, which means they have to have a very high degree of determinacy on the one hand, and all-inclusiveness on the other. This poses a dilemma for the writer and interpreter of normative texts. The author of such texts must be determinate and vague at the same time, depending upon to what extent he or she can predict every conceivable contingency that may arise in the application of what he or she writes. The papers in this volume discuss important legal and linguistic aspects relating to the use of vagueness in legal drafting and demonstrate why such aspects are critical to our understanding of the way normative texts function.
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.
Author :Giuseppina Scotto di Carlo Publisher :Cambridge Scholars Publishing ISBN 13 :1443848891 Total Pages :310 pages Book Rating :4.4/5 (438 download)
Book Synopsis Vagueness as a Political Strategy by : Giuseppina Scotto di Carlo
Download or read book Vagueness as a Political Strategy written by Giuseppina Scotto di Carlo and published by Cambridge Scholars Publishing. This book was released on 2013-05-20 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Did Security Council resolutions authorise the use of force during the Second Gulf War? Did the UN intentionally use vague and indeterminate linguistic patterns as a set of discursive strategies with the overall legislative intent of using deliberate vagueness as a political strategy? Over the last few years, UN resolutions have been repeatedly questioned for the excessive presence of vagueness. In order to overcome the cultural divergences of recipient countries, UN diplomatic texts use vague words quite extensively, which could lead to biased or even strategically-motivated interpretations of resolutions, undermining their legal impact. This book proposes a linguistic analysis of whether the use of strategic vagueness in Security Council resolutions has contributed to the breakout of the Second Gulf War instead of a diplomatic solution to the controversy. The hypothesis is discussed through an analysis of the UN resolutions relating to the war, and reinforced through an analysis of US legislation related to the authorization for war, revealing how the US has interpreted UN legislation, in order to see how vague expressions used in UN resolutions have allowed the US to interpret them as a means to go to war. A second section of the work attempts to understand whether the same patterns have been used in resolutions relating to the Iranian nuclear crisis in 2010, revealing a relationship between the choice of vague linguistic features and the use of intentional vagueness as a political strategy.
Book Synopsis The Oxford Handbook of Language and Law by : Peter Meijes Tiersma
Download or read book The Oxford Handbook of Language and Law written by Peter Meijes Tiersma and published by Oxford University Press. This book was released on 2012-03-08 with total page 665 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a state-of-the-art account of past and current research in the interface between linguistics and law. It outlines the range of legal areas in which linguistics plays an increasing role and describes the tools and approaches used by linguists and lawyers in this vibrant new field. Through a combination of overview chapters, case studies, and theoretical descriptions, the volume addresses areas such as the history and structure of legal languages, its meaning and interpretation, multilingualism and language rights, courtroom discourse, forensic identification, intellectual property and linguistics, and legal translation and interpretation. Encyclopedic in scope, the handbook includes chapters written by experts from every continent who are familiar with linguistic issues that arise in diverse legal systems, including both civil and common law jurisdictions, mixed systems like that of China, and the emerging law of the European Union.
Book Synopsis Judging Statutes by : Robert A. Katzmann
Download or read book Judging Statutes written by Robert A. Katzmann and published by Oxford University Press. This book was released on 2014-08-14 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.
Book Synopsis Vagueness and Contradiction by : Roy Sorensen
Download or read book Vagueness and Contradiction written by Roy Sorensen and published by Clarendon Press. This book was released on 2001-09-27 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Did Buddha become a fat man in one second? Is there a tallest short giraffe? Epistemicists answer 'Yes!' They believe that any predicate that divides things divides them sharply. They solve the ancient sorites paradox by picturing vagueness as a kind of ignorance. The alternative solutions are radical. They either reject classical theorems or inference rules or reject our common sense view of what can exist. Epistemicists spare this central portion of our web of belief by challenging peripheral intuitions about the nature of language. So why is this continuation of the status quo so incredible? Why do epistemicists themselves have trouble believing their theory? In Vagueness and Contradiction Roy Sorensen traces our incredulity to linguistic norms that build upon our psychological tendencies to round off insignificant differences. These simplifying principles lead to massive inconsistency, rather like the rounding off errors of calculators with limited memory. English entitles speakers to believe each 'tolerance conditional' such as those of the form 'If n is small, then n + 1 is small.' The conjunction of these a priori beliefs entails absurd conditionals such as 'If 1 is small, then a billion is small.' Since the negation of this absurdity is an a priori truth, our a priori beliefs about small numbers are jointly inconsistent. One of the tolerance conditionals, at the threshold of smallness, must be an analytic falsehood that we are compelled to regard as a tautology. Since there are infinitely many analytic sorites arguments, Sorensen concludes that we are obliged to believe infinitely many contradictions. These contradictions are not specifically detectable. They are ineliminable, like the heat from a light bulb. Although the light bulb is not designed to produce heat, the heat is inevitably produced as a side-effect of illumination. Vagueness can be avoided by representational systems that make no concession to limits of perception, or memory, or testimony. But quick and rugged representational systems, such as natural languages, will trade 'rationality' for speed and flexibility. Roy Sorensen defends epistemicism in his own distinctive style, inventive and amusing. But he has some serious things to say about language and logic, about the way the world is and about our understanding of it.
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.
Book Synopsis Vagueness and the Evolution of Consciousness by : Michael Tye
Download or read book Vagueness and the Evolution of Consciousness written by Michael Tye and published by Oxford University Press. This book was released on 2021-07-08 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: When Alice stepped through the looking-glass, she encountered a peculiar world where she meets animated chess pieces, characters from nursery rhymes, and talking animals. Everything there is inside out and upside down: so it is with consciousness. Reflecting on the inception of consciousness, it is natural to suppose that there are just two alternatives. Either consciousness appeared in living beings suddenly, like a light switch turning on, or it appeared gradually, like the biological development of life itself, through borderline cases which became the collective experience over time. For the former theory, consciousness is an on/off matter, but once it was there it became richer over time, like a beam of light becoming brighter and broader in its sweep. For the latter theory this is not the case, and there are shades of grey in how consciousness develops. Unfortunately, both alternatives face deep problems. The solution to these problems lies in the realization, strange as it may be, that a key element of consciousness itself was always here, as a fundamental feature of micro-reality. Varying conscious states were not, however: they appeared gradually. In Vagueness and the Evolution of Consciousness, Michael Tye addresses the questions that this raises. Where in the brain is consciousness located? How can consciousness be casually efficacious with respect to behaviour? What is the extent of consciousness in the animal world? How can all of this be so?
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.
