Philosophical Foundations of Language in the Law
Published:
2011
Online ISBN:
9780191728914
Print ISBN:
9780199572380
Contents
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1. Introduction 1. Introduction
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2. Legal instruments and legal standards 2. Legal instruments and legal standards
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3. Varieties of vagueness in legal instruments 3. Varieties of vagueness in legal instruments
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4. The guidance value and the process value of precision 4. The guidance value and the process value of precision
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5. Arbitrariness and the normative principle 5. Arbitrariness and the normative principle
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6. The arbitrariness of precision 6. The arbitrariness of precision
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7. Precision can be impossible 7. Precision can be impossible
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8. Vague standards delegate power in ways that may comport with the purpose of the law 8. Vague standards delegate power in ways that may comport with the purpose of the law
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9. Vague standards can encourage desirable forms of private ordering that achieve the law's purposes 9. Vague standards can encourage desirable forms of private ordering that achieve the law's purposes
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10. Summary 10. Summary
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11. Conclusion 11. Conclusion
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Cite
Soames, Scott, '2 The Value of Vagueness', in Andrei Marmor, and Scott Soames (eds), Philosophical Foundations of Language in the Law, Philosophical Foundations of Law (Oxford , 2011; online edn, Oxford Academic, 22 Sept. 2011), https://doi.org/10.1093/acprof:oso/9780199572380.003.0002, accessed 21 Mar. 2024.
Abstract
Vagueness seems repugnant to the very idea of making a norm, and to the idea of rule-governed behaviour, because it leaves conduct (to some extent) unregulated. But vagueness can be valuable to rule-makers, because their use of it is valuable to the people to whom rules are addressed. In fact, far from being repugnant to the idea of making a norm, vagueness is of central importance to lawmakers (and other persons who make norms). It is a central technique in normative texts: it is often needed in order to pursue the purposes of making norms. Not all norms are vague. But vagueness is of central importance to the very idea of guiding conduct by norms.
Collection:
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