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Vagueness In Normative Texts
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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 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 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.
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.
Download or read book Europe written by Stefania D’Avanzo and published by Cambridge Scholars Publishing. This book was released on 2012-11-30 with total page 125 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following the entry into force of the Treaty of Amsterdam on 1 May 1999 and the European Council at Tampere in October 1999, the European Union committed itself to developing a common policy on immigration and asylum to ensure more effective management of migration flows to the EU. From 2001 to 2005, Directives were introduced by the EU in order to guarantee refugees and displaced people civil and human rights and promote a balance of efforts between Member States in receiving such persons, thus improving the process of harmonisation. Nevertheless, EU policy and legislation did not prove to be as effective as expected. For example, Europe’s response to the crisis of displaced Iraqis has been hugely inadequate, with European governments failing to fairly share the responsibility for Iraqi refugees with one another and with other countries around the world. This study aims to investigate the extent to which the language employed in the Directives has contributed to the failure to adopt common procedures for guaranteeing refugees civil and human rights. Particularly, vagueness of lexis and legal concepts were investigated. Vagueness in normative texts is a crucial issue. ‘People may not necessarily and not always be aware of vagueness in language use, while in other cases they choose deliberately to be vague. This holds particularly true for the use of vagueness in normative texts which are usually taken to have a high degree of precision’ (Bhatia, Engberg, Gotti and Heller, 2005). It is worth noting that in EU legislation, Directives represent particular legislative instruments involved in EU harmonisation processes.
Book Synopsis Constitutionalism and the Paradox of Principles and Rules by : Marcelo Neves
Download or read book Constitutionalism and the Paradox of Principles and Rules written by Marcelo Neves and published by Oxford University Press. This book was released on 2021-04-29 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title offers a unique approach to constitutionalism, focusing on the paradoxical relationship between principles and rules from the perspective of systems theory. It presents a critical counterpoint to Ronald Dworkin's principle-based theory, and in particular to Robert Alexy's idea of optimizing balancing. Instead of ceding to the compulsion of an optimizing balancing, it suggests the possibility of a comparative or at least 'satisficing' balancing, considering the precariousness of legal rationality. The book also reverses Dworkin's metaphor, associating rules with Hercules and principles with the Hydra. It takes constitutional principles seriously, criticizing the abuse of principles by the legal and constitutional doctrine and practice, and pointing out their relationship of complementarity and tension with rules. Finally, it offers an alternative model to the recent legal and constitutional theory on the basis of certain assumptions of the systems theory. It deals especially with the paradox of the circular and reflexive relationship between constitutional principles and rules: the former refers primarily to the openness and adequacy of legal system to society and thus to substantive argumentation; the second refers primarily to the closure and consistency of legal system and thus to formal argumentation.
Book Synopsis The Routledge Companion to Philosophy of Law by : Andrei Marmor
Download or read book The Routledge Companion to Philosophy of Law written by Andrei Marmor and published by Routledge. This book was released on 2012 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Companion to the Philosophy of Law provides a comprehensive, non-technical philosophical treatment of the fundamental questions about the nature of law. Its coverage includes law's relation to morality and the moral obligations to obey the law, the main philosophical debates about particular legal areas such as criminal responsibility, property, contracts, family law, law and justice in the international domain, legal paternalism and the rule of law. The entirely new content has been written specifically for newcomers to the field, making the volume particularly useful for undergraduate and graduate courses in philosophy of law and related areas. All 39 chapters, written by the world's leading researchers and edited by an internationally distinguished scholar, bring a focused, philosophical perspective to their subjects. The Routledge Companion to the Philosophy of Law promises to be a valuable and much consulted student resource for many years.
Book Synopsis Researching Language and the Law by : Davide S. Giannoni
Download or read book Researching Language and the Law written by Davide S. Giannoni and published by Peter Lang. This book was released on 2010 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume reflects the latest work of scholars specialising in the linguistic and legal aspects of normative texts across languages (English, Danish, French, Italian, Spanish) and law systems. Like other domains of specialised language use, legal discourse is subject to the converging pressures of internationalisation and of emerging practices that destabilise well-established norms and routines. In an integrated, interdependent context, supranational laws, rules and procedures are gradually developed and harmonised to regulate issues that can no longer be dealt with by national laws alone, as in the case of the European Union. The contributors discuss the impact of such developments on the construction, evolution and hybridisation of legal texts, analysed both linguistically and from the practitioner's standpoint.
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 Participation, Culture and Democracy by : Tadej Pirc
Download or read book Participation, Culture and Democracy written by Tadej Pirc and published by Cambridge Scholars Publishing. This book was released on 2018-10-01 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: The underlying question of this collection of essays focuses on the very core of our democratic culture. It asks how one can actively take part in its political, legal, educational, informational, social, cultural and economic mechanisms. Advanced technologies have given rise to a vast array of tools enabling a culture of participation. New forms of civic engagement have emerged, as well as a new conceptualization of active citizenship. These developments encouraged the authors of this collection to address legal, social, political, philosophical, and media aspects of the emancipatory potential of participatory democracy. They focus on specific case studies stretching across various places and spheres, from the Canadian media legislature, community organizing in low-income neighbourhoods of the USA, the Knesset of Israel, the Roma minority in Poland, and legal texts of Austria, to the online sphere of art and digital democracy. The key advantage of this book thus lies in its multifaceted consideration of seemingly disparate, yet highly intertwined and ubiquitous, concepts of democratic societies around the globe.
Book Synopsis Tax Law and Racial Economic Justice by : Andre L. Smith
Download or read book Tax Law and Racial Economic Justice written by Andre L. Smith and published by Lexington Books. This book was released on 2015-06-03 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: No study of Black people in America can be complete without considering how openly discriminatory tax laws helped establish a racial caste system in the United States, how they were designed to exclude blacks from lucrative markets and the voting franchise, and how tax laws extracted and redistributed vast sums of black wealth. Not only was slavery nearly a 100% tax on black labor, so too was Jim Crow apartheid and tax laws specified the peculiar institution as “negro slavery.” The first instances of affirmative action in the United States were tax laws designed to attract white men to the South. The nineteenth-century Federal Tariff indirectly redistributed perhaps a majority of the profits from slavery from the South to the North and is the principle reason the Confederate states seceded. The only constitutional amendment obtained by the Civil Rights Movement is the Twenty-Sixth Amendment abolishing poll taxes in federal elections. Blending traditional legal theory, neoclassical economics, and a pan-African view of history, these six interrelated essays on race and taxes demonstrate that, even in today’s supposedly post-racial society, there is no area of human activity where racial dynamics are absent.
Book Synopsis Pragmatism and Vagueness by : Claudine Tiercelin
Download or read book Pragmatism and Vagueness written by Claudine Tiercelin and published by Mimesis. This book was released on 2019-06-13T00:00:00+02:00 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: For most early pragmatists, including the founder C. S. Peirce and L. Wittgenstein, vagueness was a real and universal principle and not a mere defect of our knowledge or thought. This volume begins by exploring this pragmatist notion of vagueness and the way it was tied to their basic opposition to various kinds of reductionism and nominalism. It then develops towards an analysis of Peirce’s original and wide views on vagueness, as seen through the angles of logic, semiotics, epistemology and metaphysics. In the final part of this book, the reader is presented with a case for the contemporary relevance of such a realistic pragmaticism for the ongoing debate on semantic, epistemic and ontic vagueness.
Book Synopsis Analytic Philosophy in America by : Scott Soames
Download or read book Analytic Philosophy in America written by Scott Soames and published by Princeton University Press. This book was released on 2017-06-06 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this collection of recent and unpublished essays, leading analytic philosopher Scott Soames traces milestones in his field from its beginnings in Britain and Germany in the late nineteenth and early twentieth century, through its subsequent growth in the United States, up to its present as the world's most vigorous philosophical tradition. The central essay chronicles how analytic philosophy developed in the United States out of American pragmatism, the impact of European visitors and immigrants, the midcentury transformation of the Harvard philosophy department, and the rapid spread of the analytic approach that followed. Another essay explains the methodology guiding analytic philosophy, from the logicism of Frege and Russell through Wittgenstein's linguistic turn and Carnap's vision of replacing metaphysics with philosophy of science. Further essays review advances in logic and the philosophy of mathematics that laid the foundation for a rigorous, scientific study of language, meaning, and information. Other essays discuss W.V.O. Quine, David K. Lewis, Saul Kripke, the Frege-Russell analysis of quantification, Russell's attempt to eliminate sets with his "no class theory," and the Quine-Carnap dispute over meaning and ontology. The collection then turns to topics at the frontier of philosophy of language. The final essays, combining philosophy of language and law, advance a sophisticated originalist theory of interpretation and apply it to U.S. constitutional rulings about due process.
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 The Interpretation and Uniformity of the UNCITRAL Model Law on International Commercial Arbitration by : Dean Lewis
Download or read book The Interpretation and Uniformity of the UNCITRAL Model Law on International Commercial Arbitration written by Dean Lewis and published by Kluwer Law International B.V.. This book was released on 2016-03-22 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Numerous jurisdictions worldwide have augmented their ratification of the New York Convention of 1958 with the UNCITRAL Model Law 1985 (UML), which takes a giant step forward toward global uniformity in legal application and understanding of the arbitration process. This book develops a standard or benchmark for the UML objective of uniformity, using the relevant legislation and case law of Hong Kong, Singapore, and Australia to consider whether a uniform approach to implementation of the UML and its interpretation is being achieved across those jurisdictions. The author’s methodological tools are eminently adaptable to other jurisdictions. Given the importance of the ability to set aside an arbitral award, the body of case law on setting aside and the directly related area of enforcement, the emphasis throughout is on Article 34. In addition, the study considers: - the meaning of uniformity in law and in the context of the UML; - the correct approach to interpretation of the UML pre and post Article 2A; - the interpretational relationship between the UML and the Convention on Contracts for the International Sale of Goods (CISG); - the relationship between the UML and the New York Convention; - the degree of textual uniformity of Article 34 with the three jurisdictions focused on; and - the degree of applied uniformity of Article 34 both in terms of juristic methodology and similarity of results. The author, with more than thirty years of practice in the field of commercial arbitration in Hong Kong, has had access to voluminous cases spanning decades and brings his specialist expertise to the subject. This book considers whether the UML has succeeded in its aim of achieving uniformity. It serves as a guide, both academic and practical, to exploring and adopting the correct approach to the interpretation of the UML as well as to the method of classification of court decisions under the UML. This study is of immeasurable academic and practical value.
Book Synopsis Vagueness: A Guide by : Giuseppina Ronzitti
Download or read book Vagueness: A Guide written by Giuseppina Ronzitti and published by Springer Science & Business Media. This book was released on 2011-03-03 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores how vagueness matters as a specific problem in the context of theories that are primarily about something else. After an introductory chapter on the Sorites paradox, which exposes the various forms the paradox can take and some of the responses that have been pursued, the book proceeds with a chapter on vagueness and metaphysics, which covers important questions concerning vagueness that arise in connection with the deployment of certain key metaphysical notions. Subsequent chapters address the following: vagueness and logic, which discusses the sort of model theory that is suggested by the main, rival accounts of vagueness; vagueness and meaning, which focuses on contextualist, epistemicist, and indeterminist theories; vagueness and observationality; vagueness within linguistics, which focuses on approaches that take comparison classes into account; and the idea that vagueness in law is typically extravagant and that extravagant vagueness is a necessary feature of legal systems.
Book Synopsis New Directions in LSP Teaching by : Jan Engberg
Download or read book New Directions in LSP Teaching written by Jan Engberg and published by Peter Lang. This book was released on 2007 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first part of this book deals with specialized knowledge and its impact on LSP teaching; the second analyses the relation between teaching language for specific purposes and the processes of understanding; the third is dedicated to curriculum design.
