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The Nature and Value of Vagueness in the Law
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, what they communicate is sometimes vague and, even when it is clear, the content itself is sometimes vague. This monograph 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? It argues that vagueness in the law is sometimes a good thing, although its value should not be overestimated. It also proposes a strategy for resolving borderline cases, arguing that textualism and intentionalism – two leading theories of legal interpretation – often complement rather than compete with each other.
The Sorites Paradox
Offers a systematic introduction and discussion of all the main solutions to the sorites paradox and its areas of influence.
Vagueness and Law
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...
The Nature of Legal Interpretation
"Language shapes and reflects how we think about the world. It engages and intrigues us. Our everyday use of language is quite effortless--we are all experts on our native tongues. Despite this, issues of language and meaning have long flummoxed the judges on whom we depend for the interpretation of our most fundamental legal texts. Should a judge feel confident in defining common words in the texts without the aid of a linguist? How is the meaning communicated by the text determined? Should the communicative meaning of texts be decisive, or at least influential? ... [Contributors] argue that the meaning of language is crucial to the interpretation of legal texts, such as statutes, constitutions, and contracts. Accordingly ... analysis of language from linguists, philosophers, and legal scholars should influence how courts interpret legal texts."--
Law and Language
Offers a broad overview of the interaction between law and language and the way they infuence each other. Contains papers from the 15th annual interdisciplinary colloquium held in the Law School of UCL in July 2011.
The Pragmatic Turn in Law
In legal interpretation, where does meaning come from? Law is made from language, yet law, unlike other language-related disciplines, has not so far experienced its "pragmatic turn" towards inference and the construction of meaning. This book investigates to what extent a pragmatically based view of l linguistic and legal interpretation can lead to new theoretical views for law and, in addition, to practical consequences in legal decision-making. With its traditional emphasis on the letter of the law and the immutable stability of a text as legal foundation, law has been slow to take the pragmatic perspective: namely, the language-user 's experience and activity in making meaning. More accus...
Pragmatics and Law
This volume is the second part of a project which hosts an interdisciplinary discussion about the relationship among law and language, legal practice and ordinary conversation, legal philosophy and the linguistics sciences. An international group of authors, from cognitive science, philosophy of language and philosophy of law question about how legal theory and pragmatics can enrich each other. In particular, the first part is devoted to the analysis of how pragmatics can solve problems related to legal theory: What can pragmatics teach about the concept of law and its relationship with moral, and, in particular, about the eternal dispute between legal positivism and legal naturalism? What c...
Reproductive Technology and Surrogacy
During the past few years, reproductive technology and surrogacy have emerged in a number of European countries as issues of debate. There has been a steady increase in the use of reproductive technology in the Nordic countries, as well as an increase in the use of cross-border medical treatment in order to achieve pregnancy. At the same time, a number of ethical issues have been raised concerning the rights of the participants, including the children. In the fall of 2013, the Nordic Committee on Bioethics organised a conference in Reykjavik that focused on the current situation in the Nordic countries and on the global aspects of reproductive technology and surrogacy, including the market that is emerging in this field. This conference summary highlights the main ethical issues facing researchers, policymakers and practitioners who deal with these issues.
Statutory Interpretation
Combining pragmatics, dialectics, analytics, and legal theory, this work translates interpretative canons into patterns of natural argument.
Vagueness, Ambiguity, and All the Rest
This book aims to address a gap in the existing literature on the relationship between vagueness and ambiguity, as well as on their differences and similarities, both in synchrony and diachrony, and taking into consideration their relation to language use. The book is divided into two parts, which address specific and broader research questions from different perspectives. The former part examines the differences between ambiguity and vagueness from a bird-eye perspective, with a particular focus on their respective functions and roles in language change. It also presents innovative linguistic resources and tools for the study of these phenomena. The second part contains case studies on vagueness and ambiguity in language change and use. It considers different strategies and languages, including English, French, German, Italian, Medieval Latin, and Old Italian. The readership for this volume is broad, encompassing scholars in a range of disciplines, including pragmatics, spoken discourse, conversation analysis, discourse genres (political, commercial, notarial discourse), corpus studies, language change, pragmaticalization, and language typology.
