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Strategic Indeterminacy in the Law

Strategic Indeterminacy in the Law

Strategic Indeterminacy in the Law

Author: David Lanius
Publisher: Oxford University Press
ISBN: 9780190923693
Published In: July 2019
Format: Hardback
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: ¥24,478.03

¥23,743.78 Save ¥734.25 (3%)

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Description
Contents

Details

Though indeterminacy in legal texts is pervasive, there is a widespread misunderstanding about what indeterminacy is, particularly as it pertains to law.

Legal texts present unique challenges insofar as they address a heterogeneous audience, are applied in a variety of unforeseeable circumstances and must, at the same time, lay down clear and unambiguous standards. Sometimes they fail to do so, however, either by accident or by intention.

While many have claimed that indeterminacy facilitates flexibility and can be strategically used, few have recognized that there are more forms of indeterminacy than vagueness and ambiguity. A comprehensive account of legal indeterminacy is thus called for.

David Lanius here answers that call and in so doing, addresses three central questions about the role of indeterminacy in the law. First, what are the sources of indeterminacy in law? Second, what effects do the different forms of indeterminacy have? Third, how can and should these forms be intentionally used? Based on a thorough examination of the advantages and disadvantages of the different forms of indeterminacy in the wording of laws, contracts, and verdicts, Lanius argues for the claim that semantic vagueness is less relevant than commonly supposed in the debate, while other forms of indeterminacy (in particular, polysemy and standard-relativity) are mistakenly underrated or even ignored.

This misconception is due to a systematic confusion between semantic vagueness and these other forms of indeterminacy. Once it is resolved, the value and functions of linguistic indeterminacy in the law can be clearly shown.

Introduction

Chapter 1: Forms of Indeterminacy

Chapter 2: Language and the Law

Chapter 3: Indeterminacy in the Law

Chapter 4: Functions of Indeterminacy

Chapter 5: Strategic Indeterminacy in the Law

Summary and Conclusion

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