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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Contract law
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Strategic Indeterminacy in the Law (Hardcover)
Loot Price: R4,578
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Strategic Indeterminacy in the Law (Hardcover)
Series: Oxford Studies in Language and Law
Expected to ship within 10 - 15 working days
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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.
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