Vagueness and the Law

Philosophical and Legal Perspectives

Author: Ralf Poscher

Publisher: Oxford University Press

ISBN: 0198782888

Category:

Page: 350

View: 6170

Vague expressions are omnipresent in natural language. As such, their use in legal texts is virtually inevitable. If a law contains vague terms, the question whether it applies to a particular case often lacks a clear answer. One of the fundamental pillars of the rule of law is legal certainty. The determinacy of the law enables people to use it as a guide and places judges in the position to decide impartially. Vagueness poses a threat to these ideals. In borderline cases, the law seems to be indeterminate and thus incapable of serving its core rule of law value. In the philosophy of language, vagueness has become one of the hottest topics of the last two decades. Linguists and philosophers have investigated what distinguishes "soritical" vagueness from other kinds of linguistic indeterminacy, such as ambiguity, generality, open texture, and family resemblance concepts. There is a vast literature that discusses the logical, semantic, pragmatic, and epistemic aspects of these phenomena. Legal theory has hitherto paid little attention to the differences between the various kinds of linguistic indeterminacy that are grouped under the heading of "vagueness," let alone to the various theories that try to account for these phenomena. Bringing together leading scholars working on the topic of vagueness in philosophy and in law, this book fosters a dialogue between philosophers and legal scholars by examining how philosophers conceive vagueness in law from their theoretical perspective and how legal theorists make use of philosophical theories of vagueness. The chapters of the book are organized into three parts. The first part addresses the import of different theories of vagueness for the law, referring to a wide range of theories from supervaluationist to contextualist and semantic realist accounts in order to address the question of whether the law can learn from engaging with philosophical discussions of vagueness. The second part of the book examines different vagueness phenomena. The contributions in part 2 suggest that the greater awareness to different vagueness phenomena can make lawyers aware of specific issues and solutions so far overlooked. The third part deals with the pragmatic aspects of vagueness in law, providing answers to the question of how to deal with vagueness in law and with the professional, political, moral, and ethical issues such vagueness gives rise to.
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Philosophical Foundations of Language in the Law

Author: Andrei Marmor,Scott Soames

Publisher: Oxford University Press

ISBN: 0199572380

Category: Law

Page: 272

View: 2974

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.
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Vagueness in Law

Author: Timothy Andrew Orville Endicott

Publisher: Oxford University Press

ISBN: 0198268408

Category: History

Page: 213

View: 5767

Vagueness in law can lead to indeterminacies in legal rights and obligations. This book responds to the challenges that those indeterminacies pose to theories of law and adjudication.
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Vagueness in Psychiatry

Author: Professor of Philosophy Geert Keil,Lara Keuck,Rico Hauswald

Publisher: Oxford University Press

ISBN: 0198722370

Category:

Page: 288

View: 4874

Blurred boundaries between the normal and the pathological are a recurrent theme in almost every publication concerned with the classification of mental disorders. However, systematic approaches that take into account the philosophical discussions about vagueness are rare. This is the first volume to systematically draw various lines of philosophical and psychiatric inquiry together, including the debates about categorical versus dimensional approaches in current psychiatric classification systems, the principles of psychiatric classification, the problem of prodromal phases and sub-threshold disorders, and the problem of over- diagnosis in psychiatry, and to explore the connections of these debates to philosophical discussions about vagueness. The book consists of three parts. The first part encompasses historical and recent philosophical positions regarding the nature of demarcation problems in nosology. Here, the authors discuss the pros and cons of gradualist approaches to health and disease, and the relevance of philosophical discussions of vagueness for these debates. The second part of the book narrows the focus to psychiatric nosology. The authors approach the vagueness of psychiatric classification by drawing on contentious medical categories, such as PTSD or schizophrenia, and on the dilemmas of day-to-day diagnostic and therapeutic practice. Against this background, the chapters critically evaluate how current revisions of the ICD and DSM manuals conceptualise mental disorders and how they are applied in various contexts. The third part is concerned with social, moral, and legal implications that arise when being mentally ill is a matter of degree. Not surprisingly, the law is ill-equipped to deal with these challenges due to its binary logic. Still, the authors show that there are more and less reasonable ways of dealing with blurred boundaries and of arriving at warranted decisions in hard cases.
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The Dynamics of Law and Morality

A Pluralist Account of Legal Interactionism

Author: Professor Wibren van der Burg

Publisher: Ashgate Publishing, Ltd.

ISBN: 1472430425

Category: Law

Page: 224

View: 4807

This book investigates the dynamic intertwinement of law and morality, with a focus on new and developing fields of law. Taking as its starting point the debates and mutual misunderstandings between proponents of different philosophical traditions, it argues that this theoretical pluralism is better explained once law is accepted as an essentially ambiguous concept. Continuing on, the book develops a robust theory of law that increases our grasp on global legal pluralism and the dynamics of law. This theory of legal interactionism, inspired by the work of Lon Fuller and Philip Selznick, also helps us to understand apparent anomalies of modern law, such as international law, the law of the European Convention on Human Rights and horizontal interactive legislation. In an ecumenical approach, legal interactionism does justice to the valuable core of truth in natural law and legal positivism. Shedding new light on familiar debates between authors such as Fuller, Hart and Dworkin, this book is of value to academics and students interested in legal theory, jurisprudence, legal sociology and moral philosophy.
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Law and Truth

Author: Dennis Patterson

Publisher: Oxford University Press on Demand

ISBN: 9780195132472

Category: Law

Page: 189

View: 1977

Taking up a single question - 'What does it mean to say that a proposition of law is true?' - this book advances a major new account of truth in law. Drawing upon the later philosophy of Wittgenstein, as well as more recent postmodern theory of the relationship between language, meaning, and the world, Patterson examines leading contemporary jurisprudential approaches to this question and finds them flawed in similar and previously unnoticed ways. Despite surface differences, the most widely discussed accounts of legal meaning - from moral realism to interpretivism - each commit themselves, Patterson argues, to a defective notion of reference in accounting for the truth of legal propositions. Tracing this common truth-conditional perspective - wherein propositions of law are true in virtue of some condition, be it a moral essence, a social fact, or communal agreement - to its source in modernism, Patterson develops an alternative (postmodern) account of legal justification, one in which linguistic practice - the use of forms of legal argument - holds the key to legal meaning.
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The Routledge Companion to Philosophy of Law

Author: Andrei Marmor

Publisher: Routledge

ISBN: 0415878187

Category: Law

Page: 630

View: 7068

The Routledge Companion to the Philosophy of Law provides a comprehensive, non-technical philosophical treatment of the fundamental questions about the nature of law. Its coverage includes law's relation to morality and the moral obligations to obey the law, the main philosophical debates about particular legal areas such as criminal responsibility, property, contracts, family law, law and justice in the international domain, legal paternalism and the rule of law. The entirely new content has been written specifically for newcomers to the field, making the volume particularly useful for undergraduate and graduate courses in philosophy of law and related areas. All 39 chapters, written by the world's leading researchers and edited by an internationally distinguished scholar, bring a focused, philosophical perspective to their subjects. The Routledge Companion to the Philosophy of Law promises to be a valuable and much consulted student resource for many years.
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Law and the Precarious Home

Socio Legal Perspectives on the Home in Insecure Times

Author: Helen Carr,Brendan Edgeworth,Caroline Hunter

Publisher: Bloomsbury Publishing

ISBN: 1509914579

Category: Law

Page: 360

View: 4480

This book explores the emergent and internationally widespread phenomenon of precariousness, specifically in relation to the home. It maps the complex reality of the insecure home by examining the many ways in which precariousness is manifested in legal and social change across a number of otherwise very different jurisdictions. By applying innovative work done by socio-legal scholars in other fields such as labour law and welfare law to the home, Law and the Precarious Home offers a broader theoretical understanding of contemporary 'precarisation' of law and society. It will enable reflections upon differential experience of home dependent upon class, race and gender from a range of local, national and cross-national perspectives. Finally it will explore the pluralisation of ideas of home in subjective experience, social reality and legal form. The answers offered in this book reflect the expertise and standing of the assembled authors who are international leaders in their field, with decades of first-hand practical and intellectual engagement with the area.
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Pure Theory of Law

Author: Hans Kelsen

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584775785

Category: Law

Page: 356

View: 3137

Kelsen, Hans. Pure Theory of Law. Translation from the Second German Edition by Max Knight. Berkeley: University of California Press, 1967. x, 356 pp. Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-578-5. Paperbound. $36.95 * 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.
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The Right to Work

Legal and Philosophical Perspectives

Author: Virginia Mantouvalou

Publisher: Bloomsbury Publishing

ISBN: 1782254994

Category: Law

Page: 388

View: 5647

The value of work cannot be underestimated in today's world. Work is valuable because productive labour generates goods needed for survival, such as food and housing; goods needed for self-development, such as education and culture; and other material goods that people wish to have in order to live a fulfilling life. A job also generally inspires a sense of achievement, self-esteem and the esteem of others. People develop social relations at work, which can be very important for them. Work brings both material and non-material benefits. There is no doubt that work is a crucial good. Do we have a human right to this good? What is the content of the right? Does it impose a duty on governments to promote full employment? Does it entail an obligation to protect decent work? There is also a question about the right-holders. Do migrants have a right to work, for example? At the same time many people would rather not work. What kind of right is this, if many people do not want to have it? The chapters of this book address the uncertainty and controversy that surround the right to work both in theoretical scholarship and in policymaking. They discuss the philosophical underpinnings of the right to work, and its development in human rights law at national level (in jurisdictions such as the United Kingdom, Australia, Japan, France and the United States) and international level (in the context of the United Nations, the European Social Charter, the International Labour Organization, theEuropean Convention on Human Rights and other legal orders).
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Law and Language

Current Legal Issues

Author: Michael Freeman,Fiona Smith

Publisher: Oxford University Press

ISBN: 0199673667

Category: Law

Page: 625

View: 927

Law and Language, the latest volume in the Current Legal Issues series, contains a broad range of essays by scholars interested in the interactions between law and language. This volume examines the themes of truth in language and the law, and the role of language in different areas of law, including contract and criminal law.
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Handbook of Legal Reasoning and Argumentation

Author: Giorgio Bongiovanni,Gerald Postema,Antonino Rotolo,Giovanni Sartor,Chiara Valentini,Douglas Walton

Publisher: Springer

ISBN: 9048194520

Category: Philosophy

Page: 764

View: 7251

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.
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The Ecology of Law

Toward a Legal System in Tune with Nature and Community

Author: Fritjof Capra,Ugo Mattei

Publisher: Berrett-Koehler Publishers

ISBN: 1626562083

Category: Law

Page: 240

View: 3112

WINNER OF THE 2015 IBPA BENJAMIN FRANKLIN AWARD IN POLITICS/CURRENT EVENTS The Ecology of Law Fritjof Capra and Ugo Mattei argue that at the root of many of the environmental, economic, and social crises we face today is a legal system based on an obsolete worldview. Capra, a bestselling author, physicist, and systems theorist, and Mattei, a distinguished legal scholar, explain how, by incorporating concepts from modern science, the law can become an integral part of bringing about a better world, rather than facilitating its destruction. This is the first book to trace the fascinating parallel history of law and science from antiquity to modern times, showing how the two disciplines have always influenced each other—until recently. In the past few decades, science has shifted from seeing the natural world as a kind of cosmic machine best understood by analyzing each cog and sprocket to a systems perspective that views the world as a vast network of fluid communities and studies their dynamic interactions. The concept of ecology exemplifies this approach. But law is stuck in the old mechanistic paradigm: the world is simply a collection of discrete parts, and ownership of these parts is an individual right, protected by the state. Capra and Mattei show that this has led to overconsumption, pollution, and a general disregard on the part of the powerful for the common good. Capra and Mattei outline the basic concepts and structures of a legal order consistent with the ecological principles that sustain life on this planet. This is a profound and visionary reconceptualization of the very foundations of the Western legal system, a kind of Copernican revolution in the law, with profound implications for the future of our planet.
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Theories of Vagueness

Author: Rosanna Keefe

Publisher: Cambridge University Press

ISBN: 9780521650670

Category: Language Arts & Disciplines

Page: 233

View: 7185

A powerful comparative study of the main theories of vagueness, first published in 2000.
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Interpreting the Constitution

Author: Kent Greenawalt

Publisher: Oxford University Press

ISBN: 0190207965

Category: Law

Page: 368

View: 9710

In Legal Interpretation, Kent Greenawalt focuses on the complex and multi-faceted topic of textual interpretation of the law. All law needs to be interpreted, and there are many ways to do it. But what sorts of questions must one seek to answer in interpreting law and what approach should one take in each case? Whose interpretations should be prioritized? Why would one be drawn to one strategy over another? And should legal interpretation seek to satisfy specific aims or general objectives? In order to provide the answers to these questions, Greenawalt explores the ways in which interpretive strategies from other disciplines--the philosophy of language, literary and musical interpretation, religious interpretation, and general interpretive theory--can augment and enrich methods of legal interpretation. Over the course of the book, he suggests how such forms of interpretation are analogous to legal interpretation--and points to those cases in which interpretation must rest on the distinctive aspects of legal theory, such as is the case with private documents. Furthermore, Greenawalt's meditation suggests that interpretive strategies from other disciplines can shed light on the essential nature of legal interpretation and provide roads by which to account for dissonance between various methods of interpretation. Legal Interpretation is a thought-provoking reflection on the ways that insights from a range of intellectual traditions can deepen our understanding of law, particularly with regard to constitutional law.
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Law’s Abnegation

Author: Adrian Vermeule

Publisher: Harvard University Press

ISBN: 0674974719

Category: Law

Page: 208

View: 4610

Adrian Vermeule argues that the arc of law has bent steadily toward deference to the administrative state, which has greater democratic legitimacy and technical competence to confront issues such as climate change, terrorism, and biotechnology. The state did not shove lawyers and judges out of the way; they moved freely to the margins of power.
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Constitutional Originalism

A Debate

Author: Robert W. Bennett,Lawrence B. Solum

Publisher: Cornell University Press

ISBN: 0801461111

Category: Law

Page: 224

View: 8125

Problems of constitutional interpretation have many faces, but much of the contemporary discussion has focused on what has come to be called "originalism." The core of originalism is the belief that fidelity to the original understanding of the Constitution should constrain contemporary judges. As originalist thinking has evolved, it has become clear that there is a family of originalist theories, some emphasizing the intent of the framers, while others focus on the original public meaning of the constitutional text. This idea has enjoyed a modern resurgence, in good part in reaction to the assumption of more sweeping power by the judiciary, operating in the name of constitutional interpretation. Those arguing for a "living Constitution" that keeps up with a changing world and changing values have resisted originalism. This difference in legal philosophy and jurisprudence has, since the 1970s, spilled over into party politics and the partisan wrangling over court appointments from appellate courts to the Supreme Court. In Constitutional Originalism, Robert W. Bennett and Lawrence B. Solum elucidate the two sides of this debate and mediate between them in order to separate differences that are real from those that are only apparent. In a thorough exploration of the range of contemporary views on originalism, the authors articulate and defend sharply contrasting positions. Solum brings learning from the philosophy of language to his argument in favor of originalism, and Bennett highlights interpretational problems in the dispute-resolution context, describing instances in which a living Constitution is a more feasible and productive position. The book explores those contrasting positions, to be sure, but also uncovers important points of agreement for the interpretational enterprise. This provocative and absorbing book ends with a bibliographic essay that points to landmark works in the field and helps lay readers and students orient themselves within the literature of the debate.
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Objectivity and the Rule of Law

Author: Matthew Kramer

Publisher: Cambridge University Press

ISBN: 1139463969

Category: Philosophy

Page: N.A

View: 5212

What is objectivity? What is the rule of law? Are the operations of legal systems objective? If so, in what ways and to what degrees are they objective? Does anything of importance depend on the objectivity of law? These are some of the principal questions addressed by Matthew H. Kramer in this lucid and wide-ranging study that introduces readers to vital areas of philosophical enquiry. As Kramer shows, objectivity and the rule of law are complicated phenomena, each comprising a number of distinct though overlapping dimensions. Although the connections between objectivity and the rule of law are intimate, they are also densely multi-faceted.
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Vagueness

Author: Delia Graff,Timothy Williamson

Publisher: Routledge

ISBN: 1351876198

Category: Philosophy

Page: 536

View: 6023

Vagueness, volume XX, contains twenty-seven essays, with issues covered including: nihilism, phenomenal sorites, degrees of truth, epistemicism, higher-order vagueness, contextualism, and intuitionism. Written by leading contemporary philosophers, these essays will be of interest to researchers in philosophy of language, philosophical logic, metaphysics and epistemology; as well as those in natural language semantics, artificial intelligence and cognitive science more generally. A substantial introduction written by the editors provides a guide to the topic and to the essays in the volume.
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Cuts and Clouds

Vaguenesss, Its Nature and Its Logic

Author: Richard Dietz,Sebastiano Moruzzi

Publisher: Oxford University Press

ISBN: 0199570388

Category: Philosophy

Page: 586

View: 9466

Vagueness is a deeply puzzling aspect of the relation between language and the world. Is it a feature of the way we represent reality in language, or a feature of reality itself? How can we reason with vague concepts? Cuts and Clouds presents the latest work towards an understanding of these puzzles about the nature and logic of vagueness.
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