Strategic Indeterminacy in the Law PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Strategic Indeterminacy in the Law PDF full book. Access full book title Strategic Indeterminacy in the Law by David Lanius. Download full books in PDF and EPUB format.
Author: David Lanius
Publisher: Oxford University Press
ISBN: 0190923717
Category : Language Arts & Disciplines
Languages : en
Pages : 353
Get Book Here
Book Description
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.
Author: David Lanius
Publisher: Oxford University Press
ISBN: 0190923717
Category : Language Arts & Disciplines
Languages : en
Pages : 353
Get Book Here
Book Description
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.
Author: David Lanius
Publisher:
ISBN: 0190923695
Category : Language Arts & Disciplines
Languages : en
Pages : 353
Get Book Here
Book Description
Indeterminacy in the law is pervasive. Many claim that it facilitates flexibility and can be strategically deployed. But what are the sources of indeterminacy, what effects do its different forms have, and how should it be used? This book provides a needed, comprehensive account of strategic indeterminacy in the law.
Author: Russell Hardin
Publisher: Princeton University Press
ISBN: 1400848962
Category : Philosophy
Languages : en
Pages : 183
Get Book Here
Book Description
In simple action theory, when people choose between courses of action, they know what the outcome will be. When an individual is making a choice "against nature," such as switching on a light, that assumption may hold true. But in strategic interaction outcomes, indeterminacy is pervasive and often intractable. Whether one is choosing for oneself or making a choice about a policy matter, it is usually possible only to make a guess about the outcome, one based on anticipating what other actors will do. In this book Russell Hardin asserts, in his characteristically clear and uncompromising prose, "Indeterminacy in contexts of strategic interaction . . . Is an issue that is constantly swept under the rug because it is often disruptive to pristine social theory. But the theory is fake: the indeterminacy is real." In the course of the book, Hardin thus outlines the various ways in which theorists from Hobbes to Rawls have gone wrong in denying or ignoring indeterminacy, and suggests how social theories would be enhanced--and how certain problems could be resolved effectively or successfully--if they assumed from the beginning that indeterminacy was the normal state of affairs, not the exception. Representing a bold challenge to widely held theoretical assumptions and habits of thought, Indeterminacy and Society will be debated across a range of fields including politics, law, philosophy, economics, and business management.
Author: Sven Bernecker
Publisher: Oxford University Press
ISBN: 0198863977
Category : Language Arts & Disciplines
Languages : en
Pages : 383
Get Book Here
Book Description
Fake news is an important topic of current social concern. This book is the first sustained inquiry into the epistemology of fake news. The chapters examine the meaning of the term 'fake news', discuss practices that generate or promote fake news, and investigate potential therapies for the problems it presents.
Author: Jan-R. Sieckmann
Publisher: Springer Nature
ISBN: 3030773213
Category : Civil rights
Languages : en
Pages : 255
Get Book Here
Book Description
The book focuses on Robert Alexy's theory of constitutional rights. Alexy systematically presented the theory in his seminal book Theorie der Grundrechte (1985; Engl. translation Theory of Constitutional Rights, 2002) and continued to develop it in numerous subsequent articles. Arguably still the most influential theory of constitutional rights, it has found widespread academic support, as well as recognition in several constitutional jurisdictions. On the other hand, it has also been the object of considerable criticism. The aim of this book is to outline the central aspects of Alexy's theory as he sees them, and to further develop the principles of constitutional, fundamental, and human rights by applying a constructive criticism of his theory.
Author: Adrian Vermeule
Publisher: Harvard University Press
ISBN: 0674974719
Category : Law
Languages : en
Pages : 267
Get Book Here
Book Description
Ronald Dworkin once imagined law as an empire and judges as its princes. But over time, the arc of law has bent steadily toward deference to the administrative state. Adrian Vermeule argues that law has freely abandoned its imperial pretensions, and has done so for internal legal reasons. In area after area, judges and lawyers, working out the logical implications of legal principles, have come to believe that administrators should be granted broad leeway to set policy, determine facts, interpret ambiguous statutes, and even define the boundaries of their own jurisdiction. Agencies have greater democratic legitimacy and technical competence to confront many issues than lawyers and judges do. And as the questions confronting the state involving climate change, terrorism, and biotechnology (to name a few) have become ever more complex, legal logic increasingly indicates that abnegation is the wisest course of action. As Law’s Abnegation makes clear, the state did not shove law out of the way. The judiciary voluntarily relegated itself to the margins of power. The last and greatest triumph of legalism was to depose itself.
Author: Clayton, Sue
Publisher: Policy Press
ISBN: 1447331893
Category : Social Science
Languages : en
Pages : 312
Get Book Here
Book Description
Taking a multi-disciplinary perspective, and one grounded in human rights, Unaccompanied young migrants explores in-depth the journeys migrant youths take through the UK legal and care systems. Arriving with little agency, what becomes of these children as they grow and assume new roles and identities, only to risk losing legal protection as they reach eighteen? Through international studies and crucially the voices of the young migrants themselves, the book examines the narratives they present and the frameworks of culture and legislation into which they are placed. It challenges existing policy and questions, from a social justice perspective, what the treatment of this group tells us about our systems and the cultural presuppositions on which they depend.
Author: Noura Erakat
Publisher: Stanford University Press
ISBN: 1503608832
Category : History
Languages : en
Pages : 405
Get Book Here
Book Description
“A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents
Author: Kevin M. Clermont
Publisher: Springer Nature
ISBN: 303166552X
Category :
Languages : en
Pages : 240
Get Book Here
Book Description
Author: Susanne Winkler
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110403633
Category : Language Arts & Disciplines
Languages : en
Pages : 304
Get Book Here
Book Description
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.
