Wittgenstein And The Indeterminacy Of Law
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Wittgenstein And The Indeterminacy Of Law
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Author : Deborah J. Tollefsen
language : en
Publisher:
Release Date : 1995
Wittgenstein And The Indeterminacy Of Law written by Deborah J. Tollefsen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Law categories.
The Later Wittgenstein And Indeterminacy In The Law
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Author : Joel Laurence Kurtzberg
language : en
Publisher:
Release Date : 1991
The Later Wittgenstein And Indeterminacy In The Law written by Joel Laurence Kurtzberg and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Law categories.
Critical Legal Studies Indeterminacy And Wittgenstein S Philosophy Of Language
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Author : Jonathan Woodger
language : en
Publisher:
Release Date : 1992
Critical Legal Studies Indeterminacy And Wittgenstein S Philosophy Of Language written by Jonathan Woodger and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Critical legal studies categories.
Legal Indeterminacy And Constitutional Interpretation
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Author : J.J. Moreso
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-04-17
Legal Indeterminacy And Constitutional Interpretation written by J.J. Moreso 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 2013-04-17 with Philosophy categories.
The main purpose of this book is to offer a logical analysis of legal propositions, especially of constitutional propositions. This analysis shows the relationship between truth-conditions of legal propositions and the problem of indeterminacy. Where the law is indeterminate, legal propositions lack truth-values. The background of this approach is the philosophical debate between realism and antirealism. The book deals with the notions of legal norms and legal systems and provides an analysis of the notion of legal indeterminacy and its relation to gaps, contradictions and the vagueness of legal concepts. It shows also that the simple model of a legal system is not sufficient to account for the complexity of legal propositions referring to legal systems of some degree of maturity. Several notions from legal dynamics are presented in order to bring to light the importance of concepts like applicability or hierarchy for the determination of the truth-value of a legal proposition. Thus the primacy of constitution becomes a central idea in the theoretical reconstruction of most contemporary legal systems; a conceptual explanation of this idea is presented and some conclusions from that explanation are drawn. Finally, a particular conception of constitutional interpretation is proposed. Special attention is paid to the relationship between interpretation and legal indeterminacy and, more specifically, to the problem of the discretion enjoyed by the organs entrusted with applying the constitution and also to the several theses that have been discussed controversially in the context of constitutional interpretation, such as the relevance of the intentions for the interpretation of the constitution and for the justification of judicial review.
Wittgenstein And Law
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Author : Dennis Michael Patterson
language : en
Publisher: Routledge
Release Date : 2004
Wittgenstein And Law written by Dennis Michael Patterson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
The papers collected in this volume reflect a focus on the continuing relevance and importance of Wittgenstein's work for philosophy in general, and legal theory in particular.
Law And Language
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Author : Thomas Morawetz
language : en
Publisher: Routledge
Release Date : 2000
Law And Language written by Thomas Morawetz and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Court interpreting and translating categories.
The essays in this volume reflect several important and widely-discussed issues in legal theory. One set of issues may be characterized as legal hermeneutics, a consideration of the practices governing the retrieval and determination of meaning from legal texts and in legal contexts. Related issues arise from the use of literature and literary criticism to enhance an understanding of law and from the study of legal rhetoric.
Strategic Indeterminacy In The Law
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Author : David Lanius
language : en
Publisher: Oxford Studies in Language and
Release Date : 2019
Strategic Indeterminacy In The Law written by David Lanius and has been published by Oxford Studies in Language and this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Language Arts & Disciplines categories.
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.
Facing Judicial Discretion
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Author : Marisa Iglesias Vila
language : en
Publisher: Boom Koninklijke Uitgevers
Release Date : 2001-02-28
Facing Judicial Discretion written by Marisa Iglesias Vila and has been published by Boom Koninklijke Uitgevers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-02-28 with Law categories.
This book addresses the classical but nonetheless still controversial question of what the role is of judicial discretion in adjudication. Its main purpose is to discuss the philosophical and epistemic foundations of two different legal theories: Hartian positivism and Dworkin's interpretivism. Bearing in mind the debate between realism and antirealism, the author shows how Hartian positivism faces serious difficulties to avoid global scepticism, and the problem of rule-following by simply connecting legal determinacy with the existence of settled conventions. In contrast, it is argued that Dworkin's interpretive theory can overcome scepticism by connecting legal determinacy with the idea of the best interpretation, and by rejecting externalism. With a view to justifying this claim, the author presents a reconstruction of Dworkin's philosophical position, which developed along the lines of Putnam's internal realism and Rawls' reflective equilibrium. This book will be of interest to legal theorists, lawyers, judges, and philosophers.
Wittgenstein And Legal Theory
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Author : Dennis M. Patterson
language : en
Publisher: Westview Press
Release Date : 1992-02-25
Wittgenstein And Legal Theory written by Dennis M. Patterson and has been published by Westview Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992-02-25 with Law categories.
A Companion To Philosophy Of Law And Legal Theory
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Author : Dennis Patterson
language : en
Publisher: John Wiley & Sons
Release Date : 2010-01-15
A Companion To Philosophy Of Law And Legal Theory written by Dennis Patterson and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-15 with Law categories.
The articles in this new edition of A Companion to Philosophy ofLaw and Legal Theory have been updated throughout, and theaddition of ten new articles ensures that the volume continues tooffer the most up-to-date coverage of current thinking inlegal philosophy. Represents the definitive handbook of philosophy of law andcontemporary legal theory, invaluable to anyone with an interest inlegal philosophy Now features ten entirely new articles, covering the areas ofrisk, regulatory theory, methodology, overcriminalization,intention, coercion, unjust enrichment, the rule of law, law andsociety, and Kantian legal philosophy Essays are written by an international team of leadingscholars