Description: The Nature and Value of Vagueness in the Law Please note: this item is printed on demand and will take extra time before it can be dispatched to you (up to 20 working days). Author(s): Hrafn Asgeirsson Format: Hardback Publisher: Bloomsbury Publishing PLC, United Kingdom Imprint: Hart Publishing ISBN-13: 9781849466066, 978-1849466066 Synopsis 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.
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Location: Aldershot
End Time: 2025-01-01T09:56:07.000Z
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Book Title: The Nature and Value of Vagueness in the Law
Item Height: 234 mm
Item Width: 156 mm
Series: Law and Practical Reason
Author: Hrafn Asgeirsson
Publication Name: The Nature and Value of Vagueness in the Law
Format: Hardcover
Language: English
Publisher: Bloomsbury Publishing
Subject: Law
Publication Year: 2020
Type: Textbook
Item Weight: 458 g
Number of Pages: 216 Pages
