The Nature And Value Of Vagueness In The Law

Author : Hrafn Asgeirsson
Publisher : Bloomsbury Publishing
ISBN 13 : 1509904441
Total Pages : 200 pages
Book Rating : 4.40/5 ( download)

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Download or read book The Nature and Value of Vagueness in the Law written by Hrafn Asgeirsson and published by Bloomsbury Publishing. This book was released on 2020-04-10 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Hrafn Ásgeirsson
Publisher :
ISBN 13 : 9781474202756
Total Pages : 0 pages
Book Rating : 4.56/5 ( download)

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Download or read book The Nature and Value of Vagueness in the Law written by Hrafn Ásgeirsson and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Hrafn Asgeirsson
Publisher : Bloomsbury Publishing
ISBN 13 : 150990445X
Total Pages : 215 pages
Book Rating : 4.57/5 ( download)

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Download or read book The Nature and Value of Vagueness in the Law written by Hrafn Asgeirsson and published by Bloomsbury Publishing. This book was released on 2020-04-10 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Kit Fine
Publisher : Oxford University Press
ISBN 13 : 0197514979
Total Pages : 192 pages
Book Rating : 4.79/5 ( download)

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Download or read book Vagueness written by Kit Fine and published by Oxford University Press. This book was released on 2020-04-01 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 13 : 1134770189
Total Pages : 340 pages
Book Rating : 4.82/5 ( download)

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Download or read book Vagueness written by Timothy Williamson and published by Routledge. This book was released on 2002-01-04 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Jonathan Crowe
Publisher : Cambridge University Press
ISBN 13 : 1108498302
Total Pages : 275 pages
Book Rating : 4.02/5 ( download)

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Download or read book Natural Law and the Nature of Law written by Jonathan Crowe and published by Cambridge University Press. This book was released on 2019-04-25 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a systematic, contemporary defence of the natural law outlook in ethics, politics and jurisprudence.

Author : Geert Keil
Publisher : Oxford University Press
ISBN 13 : 0198722370
Total Pages : 277 pages
Book Rating : 4.73/5 ( download)

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Download or read book Vagueness in Psychiatry written by Geert Keil and published by Oxford University Press. This book was released on 2017 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: In psychiatry there is no sharp boundary between the normal and the pathological. Although clear cases abound, it is often indeterminate whether a particular condition does or does not qualify as a mental disorder. For example, definitions of subthreshold disorders and of the prodromal stages of diseases are notoriously contentious. Philosophers and linguists call concepts that lack sharp boundaries, and thus admit of borderline cases, 'vague'. Although blurred boundaries between the normal and the pathological are a recurrent theme in many publications concerned with the classification of mental disorders, systematic approaches that take into account philosophical reflections on vagueness are rare. This book provides interdisciplinary discussions about vagueness in psychiatry by bringing together scholars from psychiatry, psychology, philosophy, history, and law. It draws together various lines of inquiry into the nature of gradations between mental health and disease and discusses the individual and societal consequences of dealing with blurred boundaries in medical practice, forensic psychiatry, and beyond. --

Author : Samuel Freiherr von Pufendorf
Publisher :
ISBN 13 :
Total Pages : 462 pages
Book Rating : 4.55/5 ( download)

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Download or read book The Whole Duty of Man According to the Law of Nature written by Samuel Freiherr von Pufendorf and published by . This book was released on 1716 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Adrian Bejan
Publisher : Anchor
ISBN 13 : 0307744345
Total Pages : 306 pages
Book Rating : 4.40/5 ( download)

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Download or read book Design in Nature written by Adrian Bejan and published by Anchor. This book was released on 2013-01-08 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this groundbreaking book, Adrian Bejan takes the recurring patterns in nature—trees, tributaries, air passages, neural networks, and lightning bolts—and reveals how a single principle of physics, the constructal law, accounts for the evolution of these and many other designs in our world. Everything—from biological life to inanimate systems—generates shape and structure and evolves in a sequence of ever-improving designs in order to facilitate flow. River basins, cardiovascular systems, and bolts of lightning are very efficient flow systems to move a current—of water, blood, or electricity. Likewise, the more complex architecture of animals evolve to cover greater distance per unit of useful energy, or increase their flow across the land. Such designs also appear in human organizations, like the hierarchical “flowcharts” or reporting structures in corporations and political bodies. All are governed by the same principle, known as the constructal law, and configure and reconfigure themselves over time to flow more efficiently. Written in an easy style that achieves clarity without sacrificing complexity, Design in Nature is a paradigm-shifting book that will fundamentally transform our understanding of the world around us.

Author : A.V. Dicey
Publisher : Springer
ISBN 13 : 134917968X
Total Pages : 729 pages
Book Rating : 4.88/5 ( download)

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Download or read book An Introduction to the Study of the Law of the Constitution written by A.V. Dicey and published by Springer. This book was released on 1985-09-30 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.