Vagueness Avoidance

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Vagueness Avoidance

Author : Joel S. Johnson
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Vagueness Avoidance by : Joel S. Johnson

Download or read book Vagueness Avoidance written by Joel S. Johnson and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vagueness avoidance is a powerful tool of judicial construction for constraining the reach of penal statutes. Unlike ordinary constitutional avoidance, which is triggered by ambiguity and seeks to resolve semantic meaning, vagueness avoidance is triggered by vagueness-related indeterminacies that effectively delegate the legislative task of crime definition; such language requires construction to give it legal effect. Because vague statutory language typically has a practically identifiable core, courts may legitimately craft a judicial construction of the text that captures only that core while excising its indeterminate peripheries. Doing so respects the separation of powers, the principle of legality, and the modern methodological commitment to implementing legislative will through statutory construction.Supreme Court case law supports this conception of vagueness avoidance, as the Court has traditionally been explicit about taking that approach with federal penal statutes containing indeterminate language. Yet, in a recent line of cases, the Court has moved toward implicit vagueness avoidance--the practice of justifying narrow constructions of indeterminate penal statutes on the basis of mere interpretation that determines semantic meaning. That practice reflects an unfortunate conflation of vagueness avoidance and ordinary constitutional avoidance.The practical effect is that the Court's recent decisions rejecting exceedingly broad lower-court readings of penal statutes do little to deter lower courts from adopting similarly broad constructions in other contexts. Each decision is essentially ad hoc, providing no broadly applicable principles of construction. That emboldens prosecutors to continue exploiting indeterminate language in the federal criminal code to attach criminal penalties to a wide range of commonplace conduct.The Court should change course by explicating vagueness avoidance as a distinct and robust rule of construction. When applying vagueness avoidance, the Court should clearly identify the core-penumbra framework exhibited by the vague term and excise the indeterminate penumbra from the core. Adherence to that approach would provide a ready tool of construction that can be used to reduce the breadth and imprecision of penal statutes.

Vagueness, Ambiguity, and All the Rest

Author : Ilaria Fiorentini
Publisher : John Benjamins Publishing Company
ISBN 13 : 9027246564
Total Pages : 294 pages
Book Rating : 4.0/5 (272 download)

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Book Synopsis Vagueness, Ambiguity, and All the Rest by : Ilaria Fiorentini

Download or read book Vagueness, Ambiguity, and All the Rest written by Ilaria Fiorentini and published by John Benjamins Publishing Company. This book was released on 2024-10-15 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to address a gap in the existing literature on the relationship between vagueness and ambiguity, as well as on their differences and similarities, both in synchrony and diachrony, and taking into consideration their relation to language use. The book is divided into two parts, which address specific and broader research questions from different perspectives. The former part examines the differences between ambiguity and vagueness from a bird-eye perspective, with a particular focus on their respective functions and roles in language change. It also presents innovative linguistic resources and tools for the study of these phenomena. The second part contains case studies on vagueness and ambiguity in language change and use. It considers different strategies and languages, including English, French, German, Italian, Medieval Latin, and Old Italian. The readership for this volume is broad, encompassing scholars in a range of disciplines, including pragmatics, spoken discourse, conversation analysis, discourse genres (political, commercial, notarial discourse), corpus studies, language change, pragmaticalization, and language typology.

Judging Statutes

Author : Robert A. Katzmann
Publisher : Oxford University Press
ISBN 13 : 0199362149
Total Pages : 184 pages
Book Rating : 4.1/5 (993 download)

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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 184 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.

Ambiguity

Author : Susanne Winkler
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110403587
Total Pages : 378 pages
Book Rating : 4.1/5 (14 download)

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Book Synopsis Ambiguity by : Susanne Winkler

Download or read book Ambiguity written by Susanne Winkler and published by Walter de Gruyter GmbH & Co KG. This book was released on 2015-03-30 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume investigates the concept of ambiguity and how it manifests itself in language and communication from a new perspective. The main goal is to uncover a great mystery: why can we communicate effectively despite the fact that ambiguity is pervasive in the language that we use? And conversely, how do speakers and hearers use ambiguity and vagueness to achieve a specific goal? Comprehensive answers to these questions are provided from different fields which focus on the study of language, in particular, linguistics, literary criticism, rhetoric, psycholinguistics, theology, media studies and law. By bringing together these different disciplines, the book documents a radical change in the research on ambiguity. The innovation is brought about by the transdisciplinary perspective of the individual and co-authored papers that bridge the gaps between disciplines. The research program that underlies this volume establishes theoretical connections between the areas of (psycho)linguistics that concentrate on the question of how the system of language works with the areas of rhetoric, literary studies, theology and law that focus on the question of how communication works in discourse and text from the perspective of both production and perception. A three-dimensional Ambiguity Model is presented that serves as a theoretical anchor point for the analyses of the different types of ambiguities by the contributors of this volume. The Ambiguity Model is a hybrid model which brings together the different perspectives on how language and the language system work with respect to ambiguity as well as the question of how ambiguity is employed in communication and in different communicational settings. A set of specific features that are relevant for the description of ambiguity, such as whether the ambiguity arises in the production or perception process, and whether it occurs in strategic or nonstrategic communication, are defined. The research program rests on the assumption that both the production and the perception of ambiguity, as well as its strategic and nonstrategic occurrence, can only be understood by exploring how these factors interact with each other and a reference system when ambiguity is generated and resolved. The collection Ambiguity: Language and Communication constitutes a superb introduction to the workings of ambiguity in language and communication along with extensive analyses of many different examples from different fields. As such it is relevant for students of linguistics, literary studies, rhetoric, law and theology and at the same time there is sufficient quality analysis and new research questions to benefit advanced readers who are interested in ambiguity.

The Routledge Companion to Tax Avoidance Research

Author : Nigar Hashimzade
Publisher : Routledge
ISBN 13 : 1317377079
Total Pages : 676 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis The Routledge Companion to Tax Avoidance Research by : Nigar Hashimzade

Download or read book The Routledge Companion to Tax Avoidance Research written by Nigar Hashimzade and published by Routledge. This book was released on 2017-10-02 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: An inherently interdisciplinary subject, tax avoidance has attracted growing interest of scholars in many fields. No longer limited to law and accounting, research increasingly has been conducted from other perspectives, such as anthropology, business ethics, corporate social responsibility, and economic psychology. This was –recently stimulated by politicians, mass media, and the public focussing on tax avoidance after the global financial and economic crisis put a squeeze on private and public finances. New challenges were posed by changing definitions and controversies in the interpretation of tax avoidance concept, as well as a host of new rules and policies that need to be fully understood. This collection provides a comprehensive guide to students and academics on the subjects of tax avoidance from an interdisciplinary perspective, exploring the areas of accounting, law, economics, psychology, and sociology. It covers global as well as regional issues, presents a discussion of the definition, legality, morality, and psychology of tax avoidance, and provides guidance on measurement of economic effect of tax avoidance activities. With a truly international selection of authors from the UK, North America, Africa, Asia, Australasia, Middle East, and continental Europe, with well-known experts and rising stars of the field, the contributors cover the entire terrain of this important topic. The Routledge Companion to Tax Avoidance Research is a ground-breaking attempt to bring together scholarly research in tax avoidance, offering rigorous academic analysis of an important and hotly debated issue in a structured and balanced way.

Experimental Business Research

Author : Rami Zwick
Publisher : Springer Science & Business Media
ISBN 13 : 0387242449
Total Pages : 332 pages
Book Rating : 4.3/5 (872 download)

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Book Synopsis Experimental Business Research by : Rami Zwick

Download or read book Experimental Business Research written by Rami Zwick and published by Springer Science & Business Media. This book was released on 2007-02-26 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is one of the few titles that brings together studies that adopt laboratory based experimental economics methods to study an array of business and policy issues, spanning the entire business domain, including accounting, economics, management, marketing and cognitive science.

The Routledge Handbook of Translation and Pragmatics

Author : Rebecca Tipton
Publisher : Routledge
ISBN 13 : 1351794396
Total Pages : 607 pages
Book Rating : 4.3/5 (517 download)

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Book Synopsis The Routledge Handbook of Translation and Pragmatics by : Rebecca Tipton

Download or read book The Routledge Handbook of Translation and Pragmatics written by Rebecca Tipton and published by Routledge. This book was released on 2019-05-22 with total page 607 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Handbook of Translation and Pragmatics provides an overview of key concepts and theory in pragmatics, charts developments in the disciplinary relationship between translation studies and pragmatics, and showcases applications of pragmatics-inspired research in a wide range of translation, spoken and signed language interpreting activities. Bringing together 22 authoritative chapters by leading scholars, this reference work is divided into three sections: Influences and Intersections, Methodological Issues, and Applications. Contributions focus on features of linguistic pragmatics and their analysis in authentic and experimental data relating to a wide range of translation and interpreting activities, including: news, scientific, literary and audiovisual translation, translation in online social media, healthcare interpreting and audio description for the theatre. It also encompasses contributions on issues beyond the level of the text that include the study of interpersonal relationships in practitioner networks and the development of pragmatic competence in interpreter training. Each chapter includes many practical illustrative examples and a list of recommended reading. Fundamental reading for students and academics in translation and interpreting studies, this is also an essential resource for those working in the related fields of linguistics, communication and intercultural studies.

Insights in Decision Making

Author : Robin M. Hogarth
Publisher : University of Chicago Press
ISBN 13 : 9780226348551
Total Pages : 376 pages
Book Rating : 4.3/5 (485 download)

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Book Synopsis Insights in Decision Making by : Robin M. Hogarth

Download or read book Insights in Decision Making written by Robin M. Hogarth and published by University of Chicago Press. This book was released on 1990-04-18 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do people make decisions? How can we help people make better decisions? How can we best study the processes of decision making? The growing field of behavioral decision research, which seeks to link observed decision behavior to underlying psychological mechanisms, may provide the answers to these questions. The volume is based on a recent conference held to honor the work and memory of the late Hillel J. Einhorn, a pioneering scholar in behavioral decision research. Composed of contributions by leading researchers, Insights in Decision Making provides a state-of-the-art image of work in this field. The range of topics covered includes conceptual and technical issues the bridge the gap between theory and the practical concern of improving decision making, difficulties in statistical thinking, experimental studies of processes of judgment and choice, and the emergence of new paradigms for studying decision behavior. Providing many avenues for future research, Insights in Decision Making will be essential reading for students of the psychology of decision making and will prove valuable to readers in psychology, economics, statistics, and management.

Organization and Decision Theory

Author : Ira Horowitz
Publisher : Springer Science & Business Media
ISBN 13 : 940092514X
Total Pages : 299 pages
Book Rating : 4.4/5 (9 download)

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Book Synopsis Organization and Decision Theory by : Ira Horowitz

Download or read book Organization and Decision Theory written by Ira Horowitz and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ira Horowitz Depending upon one's perspective, the need to choose among alternatives can be an unwelcome but unavoidable responsibility, an exciting and challenging opportunity, a run-of-the-mill activity that one performs seem ingly "without thinking very much about it," or perhaps something in between. Your most recent selections from a restaurant menu, from a set of jobs or job candidates, or from a rent-or-buy or sell-or-Iease option, are cases in point. Oftentimes we are involved in group decision processes, such as the choice of a president, wherein one group member's unwelcome responsibility is another's exciting opportunity. Many of us that voted in the presidential elections of both 1956 and 1984, irrespective of political affiliation, experienced both emotions; others just pulled the lever or punched the card without thinking very much about it. Arriving at either an individual or a group decision can sometimes be a time consuming, torturous, and traumatic process that results in a long regretted choice that could have been reached right off the bat. On other occasions, the "just let's get it over with and get out of here" solution to a long-festering problem can yield rewards that are reaped for many 1 ORGANIZATION AND DECISION THEORY 2 years to come. One way or another, however, individuals and organiza tions somehow manage to get the decision-making job done, even if they don't quite understand, and often question, just how this was accomplished.

Ignorance and Uncertainty

Author : Michael Smithson
Publisher : Springer Science & Business Media
ISBN 13 : 1461236282
Total Pages : 404 pages
Book Rating : 4.4/5 (612 download)

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Book Synopsis Ignorance and Uncertainty by : Michael Smithson

Download or read book Ignorance and Uncertainty written by Michael Smithson and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ignorance and Uncertainty overviews a variety of approaches to the problem of indeterminacies in human thought and behavior. This book examines, in depth, trends in the psychology of judgment and decision-making under uncertainty or ignorance. Research from the fields of cognitive psychology, social psychology, organizational studies, sociology, and social anthroplogy are reviewed here in anticipation of what Dr. Smithson characterizes as the beginning of a "creative dialogue between these researchers". Ignorance and Uncertainty offers the conceptual framework for understanding the paradigms associated with current research. It discusses the ways in which attitudes toward ignorance and uncertainty are changing, and addresses issues previously ignored.

Vagueness and Rationality in Language Use and Cognition

Author : Richard Dietz
Publisher : Springer Nature
ISBN 13 : 3030159310
Total Pages : 183 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis Vagueness and Rationality in Language Use and Cognition by : Richard Dietz

Download or read book Vagueness and Rationality in Language Use and Cognition written by Richard Dietz and published by Springer Nature. This book was released on 2019-09-17 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents new conceptual and experimental studies which investigate the connection between vagueness and rationality from various systematic directions, such as philosophy, linguistics, cognitive psychology, computing science, and economics. Vagueness in language use and cognition has traditionally been interpreted in epistemic or semantic terms. The standard view of vagueness specifically suggests that considerations of agency or rationality, broadly conceived, can be left out of the equation. Most recently, new literature on vagueness has been released which suggests that the standard view is inadequate and that considerations of rationality should factor into more comprehensive models of vagueness. The methodological approaches presented here are diverse, ranging from philosophical interpretations of rational credence for vagueness to adaptations of choice theory (dynamic choice theory, revealed preference models, social choice theory), probabilistic models of pragmatic reasoning (Bayesian pragmatics), evolutionary game theory, and conceptual space models of categorisation.

Decision Modeling and Behavior in Complex and Uncertain Environments

Author : Tamar Kugler
Publisher : Springer Science & Business Media
ISBN 13 : 038777131X
Total Pages : 364 pages
Book Rating : 4.3/5 (877 download)

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Book Synopsis Decision Modeling and Behavior in Complex and Uncertain Environments by : Tamar Kugler

Download or read book Decision Modeling and Behavior in Complex and Uncertain Environments written by Tamar Kugler and published by Springer Science & Business Media. This book was released on 2008-07-20 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text examines new research at the interface of operations research, behavioral and cognitive sciences, and decision analysis. From the cognitive behaviorist who collects empirical evidence as to how people make decisions to the engineer and economist who are the consumers of such understanding, the reader encounters the familiar Traveling Salesman Problem and Prisoner's dilemma, how agricultural decisions are made in Argentina's Pampas region, and some social goals that come into play as an element of rational decision-making. In these 14 self-contained chapters, broad topics covered include the integration of decision analysis and behavioral models, innovations in behavioral models, exploring descriptive behavior models, and experimental studies.

Linguistic Taboo Revisited

Author : Andrea Pizarro Pedraza
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110580519
Total Pages : 308 pages
Book Rating : 4.1/5 (15 download)

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Book Synopsis Linguistic Taboo Revisited by : Andrea Pizarro Pedraza

Download or read book Linguistic Taboo Revisited written by Andrea Pizarro Pedraza and published by Walter de Gruyter GmbH & Co KG. This book was released on 2018-05-22 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Linguistic taboo has been relegated for a long time to a peripheral position within Linguistics, due to its social stigmatization and inherent linguistic complexity. Recently, though, there has been a renewed interest in revisiting the phenomenon, especially from cognitive frameworks. This volume is the first collection of papers dealing with linguistic taboo from that perspective. The volume gathers 15 chapters, which provide novel insights into a broad range of taboo phenomena (euphemism, dysphemism, swearing, political correctness, coprolalia, etc.) from the fields of sexuality, diseases, death, war, ageing or religion. With a special focus on lexical semantics, the authors in the volume work within Cognitive Linguistics frameworks such as conceptual metaphor and metonymy, cultural conceptualization or cognitive sociolinguistics, but also at the interface of pragmatics, discourse analysis, applied linguistics, cognitive science or psychiatry. This volume provides theoretical reflections and case studies based on new methods and data from varied languages (English, Spanish, Polish, Dutch, Persian, Gikũyũ and Egyptian Arabic). As such, it moves towards a new generation of linguistic taboo studies.

Vague Language Explored

Author : J. Cutting
Publisher : Springer
ISBN 13 : 0230627420
Total Pages : 257 pages
Book Rating : 4.2/5 (36 download)

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Book Synopsis Vague Language Explored by : J. Cutting

Download or read book Vague Language Explored written by J. Cutting and published by Springer. This book was released on 2007-01-30 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vague language ('bags of time', 'doing stuff', 'and all that') is an aspect of communicative competence of considerable social importance. This book examines its function. It spans genre analysis, critical discourse analysis, psycholinguistics and cross-cultural sociolinguistics, and suggests applications in TEFL and directions for future research.

A Functional Grammar of Gooniyandi

Author : William McGregor
Publisher : John Benjamins Publishing
ISBN 13 : 9027230250
Total Pages : 639 pages
Book Rating : 4.0/5 (272 download)

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Book Synopsis A Functional Grammar of Gooniyandi by : William McGregor

Download or read book A Functional Grammar of Gooniyandi written by William McGregor and published by John Benjamins Publishing. This book was released on 1990 with total page 639 pages. Available in PDF, EPUB and Kindle. Book excerpt: Phonetic, phonological, morphologic, semantic, and syntactic description of Gooniyandi, a language of the southern Kimberleys; relationship with nearby languages, especially Bunuba; kinship terms.

The Oxford Handbook of Experimental Semantics and Pragmatics

Author : Chris Cummins
Publisher : Oxford University Press
ISBN 13 : 0192509543
Total Pages : 687 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Oxford Handbook of Experimental Semantics and Pragmatics by : Chris Cummins

Download or read book The Oxford Handbook of Experimental Semantics and Pragmatics written by Chris Cummins and published by Oxford University Press. This book was released on 2019-03-19 with total page 687 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook is the first to explore the growing field of experimental semantics and pragmatics. In the past 20 years, experimental data has become a major source of evidence for building theories of language meaning and use, encompassing a wide range of topics and methods. Following an introduction from the editors, the chapters in this volume offer an up-to-date account of research in the field spanning 31 different topics, including scalar implicatures, presuppositions, counterfactuals, quantification, metaphor, prosody, and politeness, as well as exploring how and why a particular experimental method is suitable for addressing a given theoretical debate. The volume's forward-looking approach also seeks to actively identify questions and methods that could be fruitfully combined in future experimental research. Written in a clear and accessible style, this handbook will appeal to students and scholars from advanced undergraduate level upwards in a range of fields, including semantics and pragmatics, philosophy of language, psycholinguistics, computational linguistics, cognitive science, and neuroscience.

Creating Knowledge Advantage

Author : Nigel Holden
Publisher : Copenhagen Business School Press DK
ISBN 13 : 9788763002301
Total Pages : 276 pages
Book Rating : 4.0/5 (23 download)

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Book Synopsis Creating Knowledge Advantage by : Nigel Holden

Download or read book Creating Knowledge Advantage written by Nigel Holden and published by Copenhagen Business School Press DK. This book was released on 2010 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some CBS Press titles are published in cooperation with its regional partners, liber AB in Sweden and Universitetsforiaget AS in Norway. --Book Jacket.