Vagueness In Normative Texts

Author : Vijay K. Bhatia
Publisher : Peter Lang
ISBN 13 : 9783039106530
Total Pages : 484 pages
Book Rating : 4.38/5 ( download)

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Download or read book Vagueness in Normative Texts written by Vijay K. Bhatia and published by Peter Lang. This book was released on 2005 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : 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 : Andrei Marmor
Publisher : OUP Oxford
ISBN 13 : 0191654752
Total Pages : 288 pages
Book Rating : 4.56/5 ( download)

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Download or read book Philosophical Foundations of Language in the Law written by Andrei Marmor and published by OUP Oxford. This book was released on 2013-01-31 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together the best contemporary philosophical work in the area of intersection between philosophy of language and the law. Some of the contributors are philosophers of language who are interested in applying advances in philosophy of language to legal issues, and some of the participants are philosophers of law who are interested in applying insights and theories from philosophy of language to their work on the nature of law and legal interpretation. By making this body of recent work available in a single volume, readers will gain both a general overview of the various interactions between language and law, and also detailed analyses of particular areas in which this interaction is manifest. The contributions to this volume are grouped under three main general areas: The first area concerns a critical assessment, in light of recent advances in philosophy of language, 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, such as the various ways in which semantic content can differ from law's assertive content; the contribution of presuppositions and pragmatic implicatures in understanding what the law conveys; the role of vagueness in legal language, for example. The third general topic concerns the role of language in the context of particular legal doctrines and legal solutions to practical problems, such as the legal definitions of inchoate crimes, the legal definition of torture, or the contractual doctrines concerning default rules. Together, these three key issues cover a wide range of philosophical interests in law that can be elucidated by a better understanding of language and linguistic communication.

Author : Giuseppina Scotto di Carlo
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1443848891
Total Pages : 310 pages
Book Rating : 4.93/5 ( download)

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Download or read book Vagueness as a Political Strategy written by Giuseppina Scotto di Carlo and published by Cambridge Scholars Publishing. This book was released on 2013-05-20 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Scott Soames
Publisher : Princeton University Press
ISBN 13 : 069117640X
Total Pages : 377 pages
Book Rating : 4.06/5 ( download)

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Download or read book Analytic Philosophy in America written by Scott Soames and published by Princeton University Press. This book was released on 2017-06-06 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this collection of recent and unpublished essays, leading analytic philosopher Scott Soames traces milestones in his field from its beginnings in Britain and Germany in the late nineteenth and early twentieth century, through its subsequent growth in the United States, up to its present as the world's most vigorous philosophical tradition. The central essay chronicles how analytic philosophy developed in the United States out of American pragmatism, the impact of European visitors and immigrants, the midcentury transformation of the Harvard philosophy department, and the rapid spread of the analytic approach that followed. Another essay explains the methodology guiding analytic philosophy, from the logicism of Frege and Russell through Wittgenstein's linguistic turn and Carnap's vision of replacing metaphysics with philosophy of science. Further essays review advances in logic and the philosophy of mathematics that laid the foundation for a rigorous, scientific study of language, meaning, and information. Other essays discuss W.V.O. Quine, David K. Lewis, Saul Kripke, the Frege-Russell analysis of quantification, Russell's attempt to eliminate sets with his "no class theory," and the Quine-Carnap dispute over meaning and ontology. The collection then turns to topics at the frontier of philosophy of language. The final essays, combining philosophy of language and law, advance a sophisticated originalist theory of interpretation and apply it to U.S. constitutional rulings about due process.

Author : Dean Lewis
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041167021
Total Pages : 314 pages
Book Rating : 4.26/5 ( download)

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Download or read book The Interpretation and Uniformity of the UNCITRAL Model Law on International Commercial Arbitration written by Dean Lewis and published by Kluwer Law International B.V.. This book was released on 2016-03-22 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Numerous jurisdictions worldwide have augmented their ratification of the New York Convention of 1958 with the UNCITRAL Model Law 1985 (UML), which takes a giant step forward toward global uniformity in legal application and understanding of the arbitration process. This book develops a standard or benchmark for the UML objective of uniformity, using the relevant legislation and case law of Hong Kong, Singapore, and Australia to consider whether a uniform approach to implementation of the UML and its interpretation is being achieved across those jurisdictions. The author’s methodological tools are eminently adaptable to other jurisdictions. Given the importance of the ability to set aside an arbitral award, the body of case law on setting aside and the directly related area of enforcement, the emphasis throughout is on Article 34. In addition, the study considers: - the meaning of uniformity in law and in the context of the UML; - the correct approach to interpretation of the UML pre and post Article 2A; - the interpretational relationship between the UML and the Convention on Contracts for the International Sale of Goods (CISG); - the relationship between the UML and the New York Convention; - the degree of textual uniformity of Article 34 with the three jurisdictions focused on; and - the degree of applied uniformity of Article 34 both in terms of juristic methodology and similarity of results. The author, with more than thirty years of practice in the field of commercial arbitration in Hong Kong, has had access to voluminous cases spanning decades and brings his specialist expertise to the subject. This book considers whether the UML has succeeded in its aim of achieving uniformity. It serves as a guide, both academic and practical, to exploring and adopting the correct approach to the interpretation of the UML as well as to the method of classification of court decisions under the UML. This study is of immeasurable academic and practical value.

Author : Jan Engberg
Publisher : Peter Lang
ISBN 13 : 9783039114337
Total Pages : 344 pages
Book Rating : 4.36/5 ( download)

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Download or read book New Directions in LSP Teaching written by Jan Engberg and published by Peter Lang. This book was released on 2007 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first part of this book deals with specialized knowledge and its impact on LSP teaching; the second analyses the relation between teaching language for specific purposes and the processes of understanding; the third is dedicated to curriculum design.

Author : Giuseppina Ronzitti
Publisher : Springer Science & Business Media
ISBN 13 : 9400703759
Total Pages : 207 pages
Book Rating : 4.59/5 ( download)

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Download or read book Vagueness: A Guide written by Giuseppina Ronzitti and published by Springer Science & Business Media. This book was released on 2011-03-03 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : 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 : Francesca Poggi
Publisher : Springer
ISBN 13 : 3319446010
Total Pages : 476 pages
Book Rating : 4.11/5 ( download)

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Download or read book Pragmatics and Law written by Francesca Poggi and published by Springer. This book was released on 2016-12-01 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is the second part of a project which hosts an interdisciplinary discussion about the relationship among law and language, legal practice and ordinary conversation, legal philosophy and the linguistics sciences. An international group of authors, from cognitive science, philosophy of language and philosophy of law question about how legal theory and pragmatics can enrich each other. In particular, the first part is devoted to the analysis of how pragmatics can solve problems related to legal theory: What can pragmatics teach about the concept of law and its relationship with moral, and, in particular, about the eternal dispute between legal positivism and legal naturalism? What can pragmatics teach about the concept of law and/or legal disagreements? The second part is focused on legal adjudication: it aims to construct a pragmatic apparatus appropriate to legal trial and/or to test the tenure of the traditional pragmatics tools in the field. The authors face questions such as: Which interesting pragmatic features emerge from legal adjudication? What pragmatic theories are better suited to account for the practice of judgment or its particular aspects (such as the testimony or the binding force of legal precedents)? Which pragmatic and socio-linguistic problems are highlighted by this practice?