- 200 pages
- English
- ePUB (mobile friendly)
- Available on iOS & Android
eBook - ePub
The Nature and Value of Vagueness in the Law
About this book
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.
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.
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Please note we cannot support devices running on iOS 13 and Android 7 or earlier. Learn more about using the app.
Yes, you can access The Nature and Value of Vagueness in the Law by Hrafn Asgeirsson in PDF and/or ePUB format, as well as other popular books in Law & Jurisprudence. We have over one million books available in our catalogue for you to explore.
Information
Table of contents
- Cover
- Title Page
- Acknowledgements
- Contents
- Introduction
- 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
- Bibliography
- Index
- Copyright Page