Vagueness in the Law: Philosophical and Legal Perspectives 1st Edition Geert Keil 0191085715 9780191085710

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Product details:

• ISBN 10: 0191085715
• ISBN 13: 9780191085710
• Author: Geert Keil

Vague expressions are omnipresent in natural language. As such, their use in legal texts is virtually inevitable. If a law contains vague terms, the question whether it applies to a particular case often lacks a clear answer. One of the fundamental pillars of the rule of law is legal certainty. The determinacy of the law enables people to use it as a guide and places judges in the position to decide impartially. Vagueness poses a threat to these ideals. In borderline cases, the law seems to be indeterminate and thus incapable of serving its core rule of law value. In the philosophy of language, vagueness has become one of the hottest topics of the last two decades. Linguists and philosophers have investigated what distinguishes “soritical ” vagueness from other kinds of linguistic indeterminacy, such as ambiguity, generality, open texture, and family resemblance concepts.

Table of contents:

I. Theories of Vagueness and their Impact on Jurisprudence

1. Philosophical and Jurisprudential Issues of Vagueness

2. Vagueness in Law: Placing the Blame Where It’s Due

3. An Intentionalist Account of Vagueness: A Legal Perspective

4. Can Legal Practice Adjudicate Between Theories of Vagueness?

5. Semantics, Metaphysics, and Objectivity in the Law

II. Vagueness Phenomena in Law

6. Pragmatic Vagueness in Statutory Law

7. Second-Order Vagueness in the Law

8. The Non-Conservativeness of Legal Definitions

9. The Role of Vagueness and Context Sensitivity in Legal Interpretation

III. Dealing with Vagueness in Law

10. Why It Is So Difficult to Resolve Vagueness in Legal Interpretation

11. Vagueness and Political Choice in Law

12. Non-Epistemic Uncertainty and the Problem of Legal Line Drawing

13. Smoothing Vague Laws

14. How Vagueness Makes Judges Lie

15. Clarity, Thoughtfulness, and the Rule of Law

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