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The Nature and Value of Vagueness in the Law (Law and Practical Reason)

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en Limba Engleză Carte Hardback – 16 Apr 2020
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, it is sometimes vague what content they communicate, and even when it is clear, the content itself is sometimes vague. In this monograph, Hrafn Asgeirsson 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? Asgeirsson argues that vagueness in the law is sometimes a good thing, although its value should not be overestimated. He also proposes a strategy for resolving borderline cases, arguing that textualism and intentionalism - two leading theories of legal interpretation - in a significant sense often complement rather than compete with each other.
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Specificații

ISBN-13: 9781849466066
ISBN-10: 1849466068
Pagini: 176
Dimensiuni: 156 x 234 x 13 mm
Greutate: 0.37 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Law and Practical Reason

Locul publicării: London, United Kingdom

Caracteristici

The book aims 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?

Notă biografică

Hrafn Asgeirsson is Postdoctoral Research Fellow at the University of Iceland.