Vagueness and the Law

Philosophical and Legal Perspectives

Author: Ralf Poscher

Publisher: Oxford University Press

ISBN: 0198782888

Category:

Page: 350

View: 4975

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: 6072

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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The Law in Philosophical Perspectives

My Philosophy of Law

Author: Luc J. Wintgens

Publisher: Springer Science & Business Media

ISBN: 9401593175

Category: Philosophy

Page: 274

View: 5744

In this age of collections that is ours, many volumes of collections are published. They contain contributions of several well-known authors, and their aim is to present a selective overview of a relevant field of study. This book has the same purpose. Its aim is to introduce students, scholars and all those interested in current problems of legal theory and legal philosophy to the work of the leading scholars in this field. The large number of publications, both books and articles, that have been produced over recent decades makes it quite difficult, however, for those who are making their first steps in this domain to find firm guidelines. The book is new in its genre because of its method. The choice was made not to reprint an example of contributors' earlier basic articles or a part of one of their books. This would only give a partial view of the rich texture of their work. Rather, the authors were asked to make an original synthesis of their own contributions to the field of legal theory and legal philosophy. Brought together in this volume, they constitute a truly author-ised view of their work. This book is also new in that each essay is complemented with bibliographical information in order to encourage further research on the author's self-selected work. This will help the reader rapidly to become familiar with the whole of the published work of the contributors.
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The Language of Law

Author: Andrei Marmor

Publisher: OUP Oxford

ISBN: 0191023957

Category: Law

Page: 200

View: 5697

The close connection between philosophy of language and philosophy of law has been recognized for decades through the work of many influential legal philosophers. This volume brings recent advances in philosophy of language to bear on contemporary debates about the nature of law and legal interpretation. The book builds on recent work in pragmatics and speech-act theory to explain how, and to what extent, legal content is determined by linguistic considerations. At the same time, the analysis shows that some of the unique features of communication in the legal domain - in particular, its strategic nature - can be employed to put pressure on certain assumptions in philosophy of language. This enables a more nuanced picture of how semantic and pragmatic determinants of communication work in complex and large-scale systems such as law. Chapters build on explanations of key elements of statutory language, such as the distinction between what is said and what is implicated, the possibility of ascribing truth-values to legal prescriptions and the structure of legal inferences, the various forms of vagueness in the law, the distinctions between vagueness, ambiguity, and polysemy in legal language, and the distinction between concept and conceptions, mostly in the context of constitutional interpretation. The book demonstrates that paying close attention to the kind of speech acts legal directives are, and how they determine the content of the law, enables a better understanding of the boundaries between normative and linguistic determinants of legal content.
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Kazimierz Opałek Selected Papers in Legal Philosophy

Author: Jan Wolenski

Publisher: Springer Science & Business Media

ISBN: 9401592578

Category: Philosophy

Page: 344

View: 1766

Philosophical aspects of law and jurisprudence are investigated from various points of view. This collection represents the analytic approach to legal philosophy. However, this approach is not extreme in the sense that it is limited exclusively to linguistic matters. The concept of norm as a directive of conduct is the central category analyzed in particular essays. The structure of directives as well as their semantic and pragmatic roles are studied. Pragmatic functions of directives are linked with their functioning as speech acts. Moreover, existence and validity of norms are analyzed. The author also touches on general methodological problems of legal theory and philosophy, particularly their relations to social sciences. The collection covers material interesting for philosophers, lawyers and social scientists.
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An Institutional Theory of Law

Keeping Law in Its Place

Author: Peter Morton

Publisher: Oxford University Press

ISBN: 9780198258254

Category: Law

Page: 416

View: 5562

Modern law is to be understood as comprising norms which are implicated in particular forms of life which -- animated by the modern values of individualism -- have emerged in democratic polities. Failure to understand the nature of such fundamental institutional forms as `society' and `state', and of the need to appraise the central institutions of the democractic polity against the demands of legitimacy, has had serious consequences for political and legal theory in recent times. In An Institutional Theory of Law, Morton provides a fundamental philosophical critique of the assumptions of positivist jurisprudence and an attack on the foundationalism of contemporary legal philosophy. His prime concern is to distinguish between the different fields of law -- penal, civil, and public -- taking as his starting point the careful analysis of the institutions in a democracy within which legal language and norms are generated. Offering an original, coherent and systematic exposition of law in society today, Peter Morton sheds new, important light on legal practices and relations through comparison with an ideal type of legal system. With this book, Peter Morton offers readers a major contribution to our understanding of law in society in the 1990s. As such it will be of great interest to scholars of legal theory, political science, and political constitution.
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Recht und Politik in Äthiopien

von der traditionellen Monarchie zum modernen Staat

Author: Heinrich Scholler

Publisher: LIT Verlag Münster

ISBN: 3825877892

Category: Ethiopia

Page: 383

View: 6252

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A Treatise of Legal Philosophy and General Jurisprudence

Vol. 9: A History of the Philosophy of Law in the Civil Law World, 1600-1900; Vol. 10: The Philosophers' Philosophy of Law from the Seventeenth Century to Our Days.

Author: Damiano Canale,Paolo Grossi,Hasso Hofmann,Patrick Riley

Publisher: Springer Science & Business Media

ISBN: 9048129648

Category: Philosophy

Page: 740

View: 3653

TO VOLUMES 9 AND 10 OF THE TREATISE I am happy to present here the third batch of volumes for the Treatise project: This is the batch consisting of Volumes 9 and 10, namely, A History of the P- losophy of Law in the Civil Law World, 1600–1900, edited by Damiano Canale, Paolo Grossi, and Hasso Hofmann, and The Philosophers’ Philosophy of Law from the Seventeenth Century to Our Days, by Patrick Riley. Three v- umes will follow: Two are devoted to the philosophy of law in the 20th c- tury, and the third one will be the index for the entire Treatise, which will 1 therefore ultimately comprise thirteen volumes. This Volume 9 runs parallel to Volume 8, A History of the Philosophy of Law in the Common Law World, 1600–1900, by Michael Lobban, published in 2007. Volume 10, for its part, takes up where Volume 6 left off: which appeared under the title A History of the Philosophy of Law from the Ancient Greeks to the Scholastics (edited by Fred Miller Jr. in association with Carrie-Ann Biondi, likewise published in 2007), and which is mainly a history of the p- losophers’ philosophy of law (let us refer to this philosophy as A).
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Law and Language

Current Legal Issues

Author: Michael Freeman,Fiona Smith

Publisher: OUP Oxford

ISBN: 0191654671

Category: Law

Page: 640

View: 6905

Current Legal Issues, like its sister volume Current Legal Problems (now available in journal format), is based upon an annual colloquium held at University College London. Each year leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloquium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyses points of controversy in the use, and abuse, of extra-legal arguments within legal theory and practice. Law and Language, the fifteenth volume in the Current Legal Issues series, offers an insight into the scholarship examining the relationship between language and the law. The issues examined in this book range from problems of interpretation and beyond this to the difficulties of legal translation, and further to non-verbal expression in a chapter tracing the use of sign language at the Old Bailey; it examines the role of language and the law in a variety of literary works, including Hamlet; and considers the interrelation between language and the law in a variety of contexts, including criminal law, contract law, family law, human rights law, and EU law.
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AnalyOmen 2

Proceedings of the 2nd Conference "Perspectives in Analytical Philosophy"

Author: Georg Meggle,Andreas Mundt

Publisher: Walter de Gruyter

ISBN: 9783110152531

Category: Analysis (Philosophy)

Page: 573

View: 9111

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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: 6730

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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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: 1651

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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Frankfurt School Perspectives on Globalization, Democracy, and the Law

Author: William E. Scheuerman

Publisher: Routledge

ISBN: 1134003536

Category: Social Science

Page: 222

View: 7601

Frankfurt School Perspectives on Globalization, Democracy, and the Law makes use of the work of first-generation Frankfurt School theorist Franz L. Neumann, in conjunction with his famous successor, Jürgen Habermas, to try to understand the momentous political and legal transformations generated by globalization. This volume demonstrates that the Frankfurt School tradition speaks directly to some pressing political and social concerns, including globalization, the reform of the welfare state, and the environmental crisis. Despite widespread claims to the contrary, the legal substructure of economic globalization tends to conflict with traditional models of the "rule of law." Neumann’s prediction that contemporary capitalism would decreasingly depend on generality, clarity, publicity, and stability in the law is supported by a surprising variety of empirical evidence. Habermas’s recent work is then interrogated in order to pursue the question of how we might counteract the deleterious trends accurately predicted by Neumann. How might democracy and the rule of law flourish in the context of globalization? The book is intended for scholars and advanced students in political science, sociology, philosophy and cultural studies.
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Legal system and practical reason

Author: Hans-Joachim Koch,Ulfrid Neumann

Publisher: Franz Steiner Verlag

ISBN: 9783515063197

Category: Social Science

Page: 270

View: 1857

Aus dem Inhalt: A. Aarnio: One Right Answer and the Majority Principle u H. Aoi: Fikentschers Theorie der Fallnorm u J. A. G. Amado: Justicia, Democracia y Validez del Derecho en J. Habermas u O. Ballweg: Phronesis versus Practical Philosophy u J. Bengoetxea: Legal System as a Regulative Ideal u N. Brieskorn: Die Kantische Maxime und die richterliche Rechtsanwendung u D. Buchwald: Rational Legal Justification u E. Bulygin: On Legal Interpretation u N. MacCormick and J. Wroblewski: On Justification and Interpretation u U. Dopfer: Ontologie der sozialen Rolle als Grundlage strafrechtlicher Entscheidungen u V. Frosini: Prolegomena zur Auslegung des Rechts u A. Gangel: Rechtsprechung, Rechtsanwendung und Vernunftsgebrauch u M. P. Golding: Substantive Interpretation in Common Law Elaboration u M. van Hoecke: The Use of Unwritten Legal Principles by Courts u H.-R. Horn: Are there Several Theories of Legal Argumentation? u R. Kevelson: The Confusion of Language in Legal Thought u F. Lachmayer: Visualisierung in der Rechtswissenschaft u P. J. van Niekerk: The Relevance of the Distinction between Legal Principles and Legal Rules u M. Pavcnik: aRechtsanwendungo oder normative Konkretisierung des Gesetzes? u A. Peczenik: Why shall Legal Reasoning be Coherent? u K. Pleszka: Empirisches Wissen als Grundlage der teleologischen Interpretation u u.a.
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Interpreting the Constitution

Author: Kent Greenawalt

Publisher: Oxford University Press

ISBN: 0190207965

Category: Law

Page: 368

View: 6499

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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Civil Liberties, National Security and Prospects for Consensus

Legal, Philosophical and Religious Perspectives

Author: Esther D. Reed,Michael Dumper

Publisher: Cambridge University Press

ISBN: 1107378389

Category: Political Science

Page: N.A

View: 5940

The idea of security has recently seen a surge of interest from political philosophers. After the atrocities of 11 September 2001 and 7 July 2005, many leading politicians justified encroachments on international legal standards and civil liberties in the name of security and with a view to protecting the rights of the people. Suggestions were made on both sides of the Atlantic to the effect that the extremism of terrorism required the security of the many to be weighed against the liberties of other citizens. In this collection of essays, Jeremy Waldron, Conor Gearty, Tariq Modood, David Novak, Abdelwahab El-Affendi and others debate how to move beyond the false dichotomy whereby fundamental human rights and international standards are conceived as something to be balanced against security. They also examine the claim that this aim might better be advanced by the inclusion in public debate of explicitly religious voices.
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Perspectives: Redemption, Economics, Law, Justice, Mediation, Human Rights

Redemption, Economics, Law, Justice, Mediation, Human Rights

Author: Michael A. Pennacchia

Publisher: Xlibris Corporation

ISBN: 1469168367

Category: Political Science

Page: 111

View: 424

Michael A. Pennacchia has earned a MA in Diplomacy with a concentration in Conflict Resolution from Norwich University in Vermont. A BA in Political Science from New Jersey City University where he also interned at the United Nations for one year under Dr. Harris Schoenberg, the UN NGO Chairman for Human Rights. He is certified as an experienced Civil and Family Mediator in the State of Texas. He is retired from GM Corp. where he learned to empathize with the plight of working men and women. He resides in New Jersey where he proudly serves his country and community in the US Coast Guard Auxiliary. When writing the six research papers which comprise the content of this book, the authors underlining theme has been the importance of each and every individual human being. He has endeavored to emphasis the value of the individual human soul when writing on ever present geopolitical themes.
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Perspectives on Labour Law

Author: A. C. L. Davies

Publisher: Cambridge University Press

ISBN: 9780521605236

Category: Business & Economics

Page: 258

View: 2003

An accessible but thought-provoking introduction to labour law.
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The Routledge Companion to Philosophy of Law

Author: Andrei Marmor

Publisher: Taylor & Francis

ISBN: 1136344942

Category: Philosophy

Page: 656

View: 3220

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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Interpretation in International Law

Author: Andrea Bianchi,Daniel Peat,Matthew Windsor

Publisher: OUP Oxford

ISBN: 0191038709

Category: Law

Page: 380

View: 6871

International lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illuminates the constituent elements of an act of interpretation. The object of the game of interpretation is to persuade the audience that one's interpretation of the law is correct. The rules of play are known and complied with by the players, even though much is left to their skills and strategies. There is also a meta-discourse about the game of interpretation - 'playing the game of game-playing' - which involves consideration of the nature of the game, its underlying stakes, and who gets to decide by what rules one should play. Through a series of diverse contributions, Interpretation in International Law reveals interpretation as an inescapable feature of all areas of international law. It will be of interest and utility to all international lawyers whose work touches upon theoretical or practical aspects of interpretation.
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