Vagueness in Law by Timothy A. O. Endicott

Vagueness in Law

byTimothy A. O. Endicott

Hardcover | December 1, 2000

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Vagueness leads to indeterminacies in the application of the law in many cases. This book responds to the challenges that those indeterminacies pose to a theory of law and adjudication.The book puts controversies in legal theory in a new light, using arguments in the philosophy of language to offer an explanation of the unclarities that arise in borderline cases for the application of vague expressions. But the author also argues that vagueness is a feature of law, and not merelyof legal language: the linguistic and non-linguistic resources of the law are commonly vague.These claims have consequences that have seemed unacceptable to many legal theorists. Because law is vague, judges cannot always decide cases by giving effect to the legal rights and obligations of the parties. Judges cannot always treat like cases alike. The ideal of the rule of law seems to beunattainable. The book offers a new articulation of the content of that ideal. It argues that the pursuit of justice and the rule of law do not depend on the idea that the requirements of the law are determinate in all cases. The resolution of unresolved disputes is an important and independent dutyof judges--a duty that is itself an essential component of the ideal of the rule of law.

About The Author

Timothy A. O. Endicott is Fellow in Law at Balliol College, Oxford
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Title:Vagueness in LawFormat:HardcoverDimensions:226 pages, 9.21 × 6.14 × 0.71 inPublished:December 1, 2000Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198268408

ISBN - 13:9780198268406

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Table of Contents

1. Introduction2. Linguistic Indeterminacy3. Sources of Indeterminacy4. Vagueness and Legal Theory5. How not to Solve the Paradox of the Heap6. The Epistemic Theory of Vagueness7. Vagueness and Similarity8. Vagueness and Interpretation9. The Impossibility of the Rule of LawBibliographyIndex