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Author: Geert Keil
Publisher: Oxford University Press
ISBN: 0198782888
Category : Law
Languages : en
Pages : 353
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Book Description
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.
Author: Geert Keil
Publisher: Oxford University Press
ISBN: 0198782888
Category : Law
Languages : en
Pages : 353
Get Book Here
Book Description
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.
Author: Hrafn Asgeirsson
Publisher: Bloomsbury Publishing
ISBN: 1509904441
Category : Law
Languages : en
Pages : 215
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Book Description
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: Marc Ribeiro
Publisher: UBC Press
ISBN: 9780774810517
Category : Law
Languages : en
Pages : 220
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Book Description
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.
Author: Kit Fine
Publisher: Oxford University Press
ISBN: 0197514979
Category : Philosophy
Languages : en
Pages : 121
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Book Description
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.
Author: Timothy Williamson
Publisher: Routledge
ISBN: 1134770189
Category : Philosophy
Languages : en
Pages : 340
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Book Description
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.
Author: Vijay K. Bhatia
Publisher: Peter Lang
ISBN: 9783039106530
Category : Foreign Language Study
Languages : en
Pages : 484
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Book Description
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.
Author: Geert Keil
Publisher: Oxford University Press
ISBN: 0198722370
Category : Medical
Languages : en
Pages : 277
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Book Description
Blurred boundaries between the normal and the pathological are a recurrent theme in almost every publication concerned with the classification of mental disorders. Yet, systematic approaches that take into account discussions about vagueness are rare. This volume is the first in the psychiatry/philosophy literature to tackle this problem.
Author: Roy Sorensen
Publisher: Clarendon Press
ISBN: 0191588067
Category : Philosophy
Languages : en
Pages : 214
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Book Description
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.
Author: Giuseppina Ronzitti
Publisher: Springer Science & Business Media
ISBN: 9400703759
Category : Philosophy
Languages : en
Pages : 207
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Book Description
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.
Author: Giuseppina Scotto di Carlo
Publisher: Cambridge Scholars Publishing
ISBN: 1443848891
Category : Language Arts & Disciplines
Languages : en
Pages : 310
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Book Description
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.
