The Nature And Value Of Vagueness In The Law
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The Nature And Value Of Vagueness In The Law
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Author : Hrafn Asgeirsson
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-04-10
The Nature And Value Of Vagueness In The Law written by Hrafn Asgeirsson and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-10 with Law categories.
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.
Vagueness
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Author : Kit Fine
language : en
Publisher: Rutgers Lectures in Philosophy
Release Date : 2020
Vagueness written by Kit Fine and has been published by Rutgers Lectures in Philosophy this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Mathematics categories.
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.
The Nature And Value Of Vagueness In The Law
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Author : Hrafn Ásgeirsson
language : en
Publisher:
Release Date : 2020
The Nature And Value Of Vagueness In The Law written by Hrafn Ásgeirsson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Law categories.
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.
Philosophical Foundations Of Language In The Law
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Author : Andrei Marmor
language : en
Publisher: Oxford University Press, USA
Release Date : 2011-06-16
Philosophical Foundations Of Language In The Law written by Andrei Marmor and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-16 with Language Arts & Disciplines categories.
This collection brings together the best contemporary work in the area of philosophy of language and the law. The first area concerns a critical assessment 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, the third general topic concerns the role of language in the context of particular legal doctrines and legal solutions to practical problems.
Pure Theory Of Law
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Author : Hans Kelsen
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2005
Pure Theory Of Law written by Hans Kelsen and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
Reprint of the second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College. Also available in cloth.
Prospects Of Legal Semiotics
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Author : Anne Wagner
language : en
Publisher: Springer Science & Business Media
Release Date : 2010-09-24
Prospects Of Legal Semiotics written by Anne Wagner and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-09-24 with Law categories.
This book examines the progress to date in the many facets – conceptual, epistemological and methodological - of the field of legal semiotics. It reflects the fulfilment of the promise of legal semiotics when used to explore the law, its processes and interpretation. This study in Legal Semiotics brings together the theory, structure and practise of legal semiotics in an accessible style. The book introduces the concepts of legal semiotics and offers an insight in contemporary and future directions which the semiotics of law is going to take. A theoretical and practical oriented synthesis of the historical, contemporary and most recent ideas pertaining to legal semiotics, the book will be of interest to scholars and researchers in law and social sciences , as well as those who are interested in the interdisciplinary dynamics of law and semiotics.
New Essays On The Nature Of Legal Reasoning
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Author : Mark McBride
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-05-19
New Essays On The Nature Of Legal Reasoning written by Mark McBride and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-19 with Law categories.
This is the first book to bring together distinguished jurisprudential theorists, as well as up-and-coming scholars, to critically assess the nature of legal reasoning. The volume is divided into 3 parts: The first part, General Jurisprudence and Legal Reasoning, addresses issues at the intersection of general jurisprudence - those pertaining to the nature of law itself - and legal reasoning. The second part, Rules and Reasons, addresses two concepts central to two prominent types of theory of legal reasoning. The essays in the third and final part, Doctrine and Practice, delve into the mechanics of legal practice and doctrine, from a legal reasoning perspective.
Handbook Of Legal Reasoning And Argumentation
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Author : Giorgio Bongiovanni
language : en
Publisher: Springer
Release Date : 2018-07-02
Handbook Of Legal Reasoning And Argumentation written by Giorgio Bongiovanni and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-02 with Philosophy categories.
This handbook addresses legal reasoning and argumentation from a logical, philosophical and legal perspective. The main forms of legal reasoning and argumentation are covered in an exhaustive and critical fashion, and are analysed in connection with more general types (and problems) of reasoning. Accordingly, the subject matter of the handbook divides in three parts. The first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the general structures and procedures of reasoning and argumentation that are relevant to legal discourse. The third one looks at their instantiations and developments of these aspects of argumentation as they are put to work in the law, in different areas and applications of legal reasoning.
Theories Of Vagueness
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Author : Rosanna Keefe
language : en
Publisher: Cambridge University Press
Release Date : 2000-09-28
Theories Of Vagueness written by Rosanna Keefe and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-09-28 with Language Arts & Disciplines categories.
A powerful comparative study of the main theories of vagueness, first published in 2000.
Can The European Court Of Human Rights Shape European Public Order
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Author : Kanstantsin Dzehtsiarou
language : en
Publisher: Cambridge University Press
Release Date : 2021-12-02
Can The European Court Of Human Rights Shape European Public Order written by Kanstantsin Dzehtsiarou and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-02 with Law categories.
The first comprehensive analysis of the concept of European Public Order as deployed by the European Court of Human Rights.