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Nature and Value of Vagueness in the Law Law and Practical Reason

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The Nature and Value of Vagueness in the Law (Law and ~ The Nature and Value of Vagueness in the Law (Law and Practical Reason) [Asgeirsson, Hrafn, Pavlakos, George] on . *FREE* shipping on qualifying offers. The Nature and Value of Vagueness in the Law (Law and Practical Reason)

Nature and Value of Vagueness in the Law (Law and ~ Nature and Value of Vagueness in the Law (Law and Practical Reason) eBook: Asgeirsson, Hrafn: : Kindle Store

On the Instrumental Value of Vagueness in the Law* ~ P2. Vagueness in the law is a necessary means to adequately reg-ulating conduct that is especially damaging to children. P3. Value transmits from ends to means. C. Vagueness in the law is ðsometimesÞ instrumentally good. I am prepared to accept the argument as valid, and I certainly do not wish to dispute P1.

Vagueness and Law / SpringerLink ~ Extravagant vagueness is a necessary feature of legal systems. It is a reason to resist the urge to assert bivalence for propositions of law. The challenge – if bivalence is not asserted – is to articulate the principle of the rule of law in a way that is compatible with the possibility of indeterminacy in the application of vague laws.

Wildy & Sons Ltd — The World’s Legal Bookshop Search ~ Buy The Nature and Value of Vagueness in the Law, by Hrafn Asgeirsson, ISBN 9781849466066, published by Hart Publishing from www.wildy, the World's Legal Bookshop. Shipping in the UK is free. Competitive shipping rates world-wide.

Read Download Theories Of Vagueness PDF – PDF Download ~ 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.

Vagueness and the Law ~ Rather, it is on the extent and sources of vagueness in the law, the implications of vagueness for interpretation and adjudication, the systemic effects of vagueness and the function—i.e., important positive value—of vagueness in certain areas of the law, as opposed to its disutility in others (Endicott 2000, 2005; Soames 2011).

VAGUENESS, INTERPRETATION, AND THE LAW* / Legal Theory ~ According to this view, vagueness causes gaps in the law, and the role of legal interpretation in the case of vagueness is to fill such gaps. I argue that this view is mistaken and defend the thesis that vagueness in law calls only for an application of the law to the case at hand, leaving the meaning of the law intact.

The Nature of Law (Stanford Encyclopedia of Philosophy) ~ Asgeirsson, Hrafn, forthcoming, The Nature and Value of Vagueness in the Law, Oxford: Hart Publishing. –––, 2015, “On the Instrumental Value of Vagueness in the Law”, Ethics , 125(2): 425–448.

Ambiguity and Vagueness in Legal Interpretation by Ralf ~ The last section argues that vagueness is not a threat to legal interpretation and rule of law values properly understood. It is cautious, though, with regard to some suggested values of vagueness. However, it sees a value of vagueness in reducing decision costs, which cannot be completely accommodated by other semantic features of vague .

Vagueness and Political Choice in Law - Oxford Scholarship ~ 1. Introduction. Vagueness has been a subject of on-going interest to legal practitioners and legal theorists. The interest is natural, given that law is a matter of interpreting and applying texts—whether statutes, constitutions, administrative regulations, contracts, wills, or trusts—and uncertainty in the meaning or application of language raises obvious issues about legal .

The Nature and Value of Vagueness in the Law / Megabooks CZ ~ Law Jurisprudence & general issues Jurisprudence & philosophy of law The Nature and Value of Vagueness in the Law Asgeirsson, Hrafn (University of Surrey) ; Bloomsbury Publishing PLC; 2018

Vagueness in Ethics and the Law - Bibliography - PhilPapers ~ Sample chapter from H. Asgeirsson, The Nature and Value of Vagueness in the Law (Hart Publishing, 2020), in which I present and partially defend a version of what has come to be called the communicative-content theory of law. Book abstract: Lawmaking is – paradigmatically – a type of speech act: people make law by saying things.

What Inferentialism Tells Us About Combinatory Vagueness ~ It provides an overview of the author's work on jurisprudence and the nature of law in the context of broader questions in the philosophy of practical reason. The book opens with a discussion of .

The virtue of vagueness / Nature ~ Borderlines are essential for precision but their definition can defy reason. Much of the book explores the ramifications . The virtue of vagueness. Nature 463, 736 . Download PDF. Nature menu.

Vagueness in Law - Timothy Andrew Orville Endicott ~ "These claims have consequences that have seemed unacceptable to many legal theorists. Because law is vague, judges cannot always decide cases by giving effect to the legal rights and obligations of the parties. Judges cannot always treat like cases alike. The ideal of the rule of law seems to be unattainable. The book offers a new articulation of the content of that ideal.

On the Instrumental Value of Vagueness in the Law by Hrafn ~ After all, law is supposed to guide conduct, and vague law seems poorly suited to do that. Contrary to this common impression, however, a number of authors have recently argued that vagueness in the law is sometimes a good thing, because it is a means to achieving certain valuable ends.

On the Instrumental Value of Vagueness in the Law ~ It is natural to think that law ought not to be vague. After all, law is supposed to guide conduct, and vague law seems poorly suited to do that. Contrary to this common impression, however, a number of authors have argued that vagueness in the law is sometimes a good thing, because it is a means to achieving certain valuable legislative ends.

Vagueness - An Investigation into Natural Languages and ~ This work is in two parts. It began as a general investigation of vagueness in natural languages. The Sorites Paradox came to dominate the work however, and the second part of the book consists in an discussion ofthat puzzle and related problems. The first part contains a general discussion ofthe nature ofvagueness and its sources.

(PDF) The Natural Law Theory of St. Thomas Aquinas ~ Download full-text PDF Read full-text. . he precepts of the natural law are to the practical reason what the first principles of . . But the first rule of reason is the law of nature . . .

Handbook of Legal Reasoning and Argumentation / Giorgio ~ Giorgio Bongiovanni is Professor of Philosophy of Law at the University of Bologna Law School (Italy). He has published widely in constitutional theory, legal theory, metaethics and normative ethics, the theory of legal interpretation, the foundations of practical reason, the history of legal theory and philosophy, and the history and philosophy of politics.

THEORIES OF VAGUENESS AND THEORIES OF LAW / Legal Theory ~ It is common to think that what theory of linguistic vagueness is correct has implications for debates in philosophy of law. I disagree. I argue that the implications of particular theories of vagueness on substantive issues of legal theory and practice are less far-reaching than often thought.

CHAPTER 1: INTRODUCTION TO LAW AND LEGAL REASONING LAW IS ~ A. Background. First, common law is still alive and well in ma ny aspects. This is the law that is common to the entire realm or population. 1. As the text states, common law includes some as pects of statutory and case law dating back prior to the American Revolution. a. What is Case Law. Case law is merely the rules of law announced in court .

RULE OF LAW HANDBOOK - Library of Congress ~ practical. Suffice it to say, the current editor is indebted to the past and current contributors, and in . This year, the staff that worked so hard to produce this volume reflects the multi-national nature of rule of law efforts today. British Army Lieutenant Colonel Mike Cole has gathered an outstanding and diverse group of military .

Clarifying Vagueness: Rethinking the Supreme Court’s ~ Justice Thomas thought vagueness challenges were inappropriate “[i]f any fool would know that a particular category of conduct would be within the reach of the statute.”126 Justice Thomas explained that “if there is an unmistakable core that a reasonable person would know is forbidden by the law,” it is inappropriate to invalidate the .