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- Vague expressions are omnipresent in natural language. If a law contains vague terms, the question whether it applies to a particular case often lacks a clear answer. This places the law at odds with rule-of-law values. One of the fundamental pillars of the rule of law is legal certainty.
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Dec 14, 2000 · Vagueness is a snare for legal theorists. They have grappled fitfully with an enigma it creates for legal theory—or, at least, for any theory that portrays courts as applying the law. If the law is formulated in vague language, what does a court do in a borderline case?
Apr 23, 2019 · I focus on four putative implications discussed in the literature concerning (i) the value of vagueness in the law, (ii) the possibility and value of legal indeterminacy, (iii) the possibility of the rule of law, and (iv) strong discretion. I conclude with some methodological remarks.
Feb 16, 2009 · The use of vague language in law has important implications for legal theory. Legal philosophers have occasionally grappled with those implications, but they have not come to grips with the characteristic phenomenon of vagueness: the sorites paradox.
- Timothy A. O. Endicott
- 1997
Oct 26, 2009 · It is widely accepted that vagueness in law calls for a specific interpretation of the law—interpretation that changes the meaning of the law and makes it more precise. 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 ...
- Ólafur Páll Jónsson
- 2009
Philosophers aim to understand what vagueness is, what the phenomenon teaches us about the working of language, how it can be accommodated in a systematic theory of meaning, and how the logical paradoxes arising from vagueness can be dealt with.
Sep 1, 2009 · Scott Soames argues that consideration of the practice of legal judgement gives us good reason to favor the partial-definition/context-sensitive theory of vagueness against epistemicism.
Dec 8, 2016 · It depicts how philosophers conceive vagueness in law from their theoretical perspective and how legal theorists make use of philosophical theories of vagueness.
