Vagueness in Normative Texts

Vagueness in Normative Texts

Author: Vijay K. Bhatia

Publisher: Peter Lang

Published: 2005

Total Pages: 484

ISBN-13: 9783039106530

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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.


Book Synopsis Vagueness in Normative Texts by : Vijay K. Bhatia

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.

The Nature and Value of Vagueness in the Law

The Nature and Value of Vagueness in the Law

Author: Hrafn Asgeirsson

Publisher: Bloomsbury Publishing

Published: 2020-04-10

Total Pages: 200

ISBN-13: 1509904441

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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.


Book Synopsis The Nature and Value of Vagueness in the Law by : Hrafn Asgeirsson

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.

The Nature and Value of Vagueness in the Law

The Nature and Value of Vagueness in the Law

Author: Hrafn Asgeirsson

Publisher: Bloomsbury Publishing

Published: 2020-04-10

Total Pages: 215

ISBN-13: 150990445X

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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.


Book Synopsis The Nature and Value of Vagueness in the Law by : Hrafn Asgeirsson

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.

Philosophical Foundations of Language in the Law

Philosophical Foundations of Language in the Law

Author: Andrei Marmor

Publisher: OUP Oxford

Published: 2013-01-31

Total Pages: 288

ISBN-13: 0191654752

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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.


Book Synopsis Philosophical Foundations of Language in the Law by : Andrei Marmor

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.

Researching Language and the Law

Researching Language and the Law

Author: Davide S. Giannoni

Publisher: Peter Lang

Published: 2010

Total Pages: 292

ISBN-13: 9783034304436

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This volume reflects the latest work of scholars specialising in the linguistic and legal aspects of normative texts across languages (English, Danish, French, Italian, Spanish) and law systems. Like other domains of specialised language use, legal discourse is subject to the converging pressures of internationalisation and of emerging practices that destabilise well-established norms and routines. In an integrated, interdependent context, supranational laws, rules and procedures are gradually developed and harmonised to regulate issues that can no longer be dealt with by national laws alone, as in the case of the European Union. The contributors discuss the impact of such developments on the construction, evolution and hybridisation of legal texts, analysed both linguistically and from the practitioner's standpoint.


Book Synopsis Researching Language and the Law by : Davide S. Giannoni

Download or read book Researching Language and the Law written by Davide S. Giannoni and published by Peter Lang. This book was released on 2010 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume reflects the latest work of scholars specialising in the linguistic and legal aspects of normative texts across languages (English, Danish, French, Italian, Spanish) and law systems. Like other domains of specialised language use, legal discourse is subject to the converging pressures of internationalisation and of emerging practices that destabilise well-established norms and routines. In an integrated, interdependent context, supranational laws, rules and procedures are gradually developed and harmonised to regulate issues that can no longer be dealt with by national laws alone, as in the case of the European Union. The contributors discuss the impact of such developments on the construction, evolution and hybridisation of legal texts, analysed both linguistically and from the practitioner's standpoint.

Pragmatism and Vagueness

Pragmatism and Vagueness

Author: Claudine Tiercelin

Publisher: Mimesis

Published: 2019-06-13T00:00:00+02:00

Total Pages: 181

ISBN-13: 8869772349

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For most early pragmatists, including the founder C. S. Peirce and L. Wittgenstein, vagueness was a real and universal principle and not a mere defect of our knowledge or thought. This volume begins by exploring this pragmatist notion of vagueness and the way it was tied to their basic opposition to various kinds of reductionism and nominalism. It then develops towards an analysis of Peirce’s original and wide views on vagueness, as seen through the angles of logic, semiotics, epistemology and metaphysics. In the final part of this book, the reader is presented with a case for the contemporary relevance of such a realistic pragmaticism for the ongoing debate on semantic, epistemic and ontic vagueness.


Book Synopsis Pragmatism and Vagueness by : Claudine Tiercelin

Download or read book Pragmatism and Vagueness written by Claudine Tiercelin and published by Mimesis. This book was released on 2019-06-13T00:00:00+02:00 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: For most early pragmatists, including the founder C. S. Peirce and L. Wittgenstein, vagueness was a real and universal principle and not a mere defect of our knowledge or thought. This volume begins by exploring this pragmatist notion of vagueness and the way it was tied to their basic opposition to various kinds of reductionism and nominalism. It then develops towards an analysis of Peirce’s original and wide views on vagueness, as seen through the angles of logic, semiotics, epistemology and metaphysics. In the final part of this book, the reader is presented with a case for the contemporary relevance of such a realistic pragmaticism for the ongoing debate on semantic, epistemic and ontic vagueness.

Analytic Philosophy in America

Analytic Philosophy in America

Author: Scott Soames

Publisher: Princeton University Press

Published: 2017-06-06

Total Pages: 377

ISBN-13: 069117640X

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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.


Book Synopsis Analytic Philosophy in America by : Scott Soames

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.

The Interpretation and Uniformity of the UNCITRAL Model Law on International Commercial Arbitration

The Interpretation and Uniformity of the UNCITRAL Model Law on International Commercial Arbitration

Author: Dean Lewis

Publisher: Kluwer Law International B.V.

Published: 2016-03-22

Total Pages: 314

ISBN-13: 9041167021

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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.


Book Synopsis The Interpretation and Uniformity of the UNCITRAL Model Law on International Commercial Arbitration by : Dean Lewis

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.

New Directions in LSP Teaching

New Directions in LSP Teaching

Author: Jan Engberg

Publisher: Peter Lang

Published: 2007

Total Pages: 344

ISBN-13: 9783039114337

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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.


Book Synopsis New Directions in LSP Teaching by : Jan Engberg

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.

Vagueness: A Guide

Vagueness: A Guide

Author: Giuseppina Ronzitti

Publisher: Springer Science & Business Media

Published: 2011-03-03

Total Pages: 207

ISBN-13: 9400703759

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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.


Book Synopsis Vagueness: A Guide by : Giuseppina Ronzitti

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.