The nature and value of vagueness in the law / Hrafn Asgeirsson.

Format:

Book

Author/Creator:

Asgeirsson, Hrafn, author.

Series:

Law and Practical Reason.

Law and Practical Reason

Language:

English

Subjects (All):

Law--Interpretation and construction.

Law.

Law--Philosophy.

Vagueness (Philosophy).

Physical Description:

1 online resource (ix, 203 pages).

Edition:

First edition.

Distribution:

[London, England] : Bloomsbury Publishing, 2020

Place of Publication:

London [England] : Hart Publishing, 2020.

Summary:

"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.-- Provided by publisher.

Contents:

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.

Notes:

Includes bibliographical references and index.

ISBN:

9781474202756

1474202756

9781509904457

150990445X

9781509904440

1509904441

OCLC:

1130325106