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Vagueness, legal content, and legal interpretation

Authors: Asgeirsson, Hrafn (author);

Vagueness, legal content, and legal interpretation

Abstract

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 my dissertation, I examine the nature and consequences of these two linguistic sources of indeterminacy in the law. I argue that vagueness in the law is sometimes a good thing, although its value should not be overestimated. I also propose a strategy for resolving borderline cases, which - if correct - sheds significant light on the debate about legal interpretation.

Keywords

Doctor of Philosophy (degree), College of Letters, Arts and Sciences (school), Philosophy (degree program)

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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