Projects per year
Abstract
It is common to think that what theory of linguistic vagueness is correct has implications for debates in philosophy of law. I disagree. I argue that the implications of particular theories of vagueness on substantive issues of legal theory and practice are less far-reaching than often thought. 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. Delineating questions about conventional meaning, the metaphysics/metasemantics of (legal) content determination, and norms of legal interpretation and judicial practice can motivate clearer answers and a more refined understanding of the space of overall theories of vagueness, interpretation, and law.
Original language | English |
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Pages (from-to) | 132-152 |
Number of pages | 21 |
Journal | Legal Theory |
Volume | 25 |
Issue number | 2 |
Early online date | 23 Apr 2019 |
DOIs | |
Publication status | Published - Jun 2019 |
ASJC Scopus subject areas
- Philosophy
- Law
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Dive into the research topics of 'Theories of vagueness and theories of law'. Together they form a unique fingerprint.Projects
- 1 Finished
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Context-Sensitivity in Natural Language
Silk, A. (Principal Investigator)
Arts and Humanities Research Council
1/01/16 → 17/11/18
Project: Research Councils
Prizes
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Context-Sensitivity in Normative Language and Discourse
Silk, A. (Recipient), Jan 2019
Prize: Fellowship awarded competitively