首页 >
法律 >
行政法 >
The Nature and Value of Vagueness in the Law

The Nature and Value of Vagueness in the Law

作者： Hrafn Asgeirsson
出版商： Hart Publishing
ISBN: 9781849466066
出版时间 April 2020
规格： Hardback
适应领域： U.K. ? 免责申明：
Countri(es) stated herein are used as reference only

JP¥19,975.00

或

下载订单表

加入收藏
| 加入比较

描述
大纲

详细

Lawmaking is - paradigmatically - a type of speech act: people make law by saying things. It is natural to think, therefore, that the content of the law is determined by what lawmakers communicate. However, it is sometimes vague what content they communicate, and even when it is clear, the content itself is sometimes vague.

In this monograph, Hrafn Asgeirsson examines the nature and consequences of these two linguistic sources of indeterminacy in the law. The aim is to give plausible answers to three related questions: In virtue of what is the law vague? What might be good about vague law? How should courts resolve cases of vagueness? Asgeirsson argues that vagueness in the law is sometimes a good thing, although its value should not be overestimated.

He also proposes a strategy for resolving borderline cases, arguing that textualism and intentionalism - two leading theories of legal interpretation - in a significant sense often complement rather than compete with each other.
1. Authority, Communication and Legal Content
I. The Communicative-Content Theory of Law and Its (Recent) Critics
II. The Pro Tanto View about Legal Content
III. Authority, Communication and Legal Content
2. On the Instrumental Value of Vagueness in the Law
I. Incommensurate Multidimensionality, Extravagant Vagueness and Endicott's Argument from Instrumental Necessity
II. Incommensurate Multidimensionality is Doing the Real Work
III. The Impossibility of Specification
IV. Are Incommensurate Multidimensionality and – Hence – Vagueness Really Necessary?
V. Waldron's Argument from Facilitation
VI. Possible Reply: Vagueness Really is a Means to the Relevant Ends
VII. Another Possible Reply: The Logic of Value Validates Closure under Necessary Consequence
3. Vagueness and Power Delegation in Law
I. Sorensen's View
II. The Value of Vagueness
III. Summary
4. Vagueness, Uncertainty and Behaviour
I. Endicott's Argument from Comparative Value
II. Hadfield on the Value of Vagueness-related Uncertainty
III. Sorensen on Vagueness-related Uncertainty and Legal Unpredictability
5. On the Possibility of Non-literal Legislative Speech
I. The Conditions for Non-literal Speech and the Legislative Context
II. Revising the Argument: Restrict, Reconstruct, or Both?
III. Testing the Argument against Experience: Ekins's Argument from Examples
IV. Indeterminacy about Utterance Content
6. Textualism, Content and Interpretation
I. Textualism and Legislative Intentions
II. Textualism, Communicative Content and Legal Content
III. Textualism/Originalism and Contextual Enrichment
IV. On the Plausibility of Conception Textualism
V. Contemporary Textualism and the Problem of Legislative Context
VI. Textualism and Legal Interpretation
7. Resolving Cases of Vagueness
I. Expressly Offered Rationale and the Notion of Commitment
II. Institutional Remedies to Non-co-operation
III. Is Expression Required?
IV. Commitment and Counterfactuals
V. Legislative Rationale and Levels of Abstraction
VI. Authority, Legislative Bargaining and Maximising Fidelity to Law
VII. Expressly Acknowledged Compromise vs Tacitly Acknowledged Compromise
VIII. Conclusion
8. Legal Practice and Theories of Vagueness
I. Explaining the Value of Vagueness in the Law
II. A Closer Look at Soames's Argument
III. Generalising the Argument: Other Cautionary Tales

你可能需要


The Hong Kong Company Secretary's Handbook: Practice and Procedure (11th Edition): List Price: JP¥10,358.80

JP¥10,048.04 Save JP¥310.76 (3%)


Hong Kong Tax & Accounting Practical Toolkit (Basic Package): JP¥68,413.20


Hong Kong Company Secretary Checklist, 2nd Edition: List Price: JP¥25,944.00

JP¥25,165.68 Save JP¥778.32 (3%)


Law of Companies in Hong Kong, 4th Edition (Hardcopy + e-Book): List Price: JP¥65,800.00

JP¥63,826.00 Save JP¥1,974.00 (3%)


Butterworths Hong Kong Discrimination Law Handbook, 4th Edition: List Price: JP¥28,200.00

JP¥27,354.00 Save JP¥846.00 (3%)


Sentencing in Hong Kong, 11th Edition: List Price: JP¥67,304.00

JP¥65,284.88 Save JP¥2,019.12 (3%)


Butterworths Hong Kong Company Law (Winding-Up and Miscellaneous Provisions) Handbook, 6th Edition: List Price: JP¥42,864.00

JP¥41,578.08 Save JP¥1,285.92 (3%)


Butterworths Hong Kong Company Law Handbook, 26th Edition: List Price: JP¥82,720.00

JP¥80,238.40 Save JP¥2,481.60 (3%)


Cross-Border Crime in Hong Kong: Extradition, Mutual Assistance & Financial Sanctions, 3rd Edition: List Price: JP¥39,104.00

JP¥37,930.88 Save JP¥1,173.12 (3%)


Clough & Clough on Personal Injuries: List Price: JP¥28,200.00

JP¥27,354.00 Save JP¥846.00 (3%)


Hong Kong Personal Insolvency Manual, 3rd Edition: List Price: JP¥37,600.00

JP¥36,472.00 Save JP¥1,128.00 (3%)


Butterworths Hong Kong Conveyancing and Property Law Handbook, 6th Edition: List Price: JP¥33,840.00

JP¥32,824.80 Save JP¥1,015.20 (3%)


A Practical Guide to Resolving Shareholder Disputes, 2nd Edition: List Price: JP¥33,840.00

JP¥32,824.80 Save JP¥1,015.20 (3%)


Tort Law in Hong Kong, 5th Edition (Hardcopy + ebook): List Price: JP¥47,000.00

JP¥45,590.00 Save JP¥1,410.00 (3%)


Company Law in Hong Kong: Practice and Procedure 2023 (Hardcopy + e-Book): List Price: JP¥60,122.40

JP¥58,318.73 Save JP¥1,803.67 (3%)


Company Law in Hong Kong: Insolvency 2023 (Hardcopy + e-Book): List Price: JP¥53,448.40

JP¥51,844.95 Save JP¥1,603.45 (3%)


Hong Kong Company Law, 15th Edition: List Price: JP¥9,249.60

JP¥8,972.11 Save JP¥277.49 (3%)


Private Equity in Hong Kong and China, 4th Edition: List Price: JP¥37,600.00

JP¥36,472.00 Save JP¥1,128.00 (3%)


Brooke's Notary Hong Kong, 3rd Edition: List Price: JP¥31,960.00

JP¥31,001.20 Save JP¥958.80 (3%)


Butterworths Hong Kong Employees' Compensation Handbook, 7th Edition: List Price: JP¥39,480.00

JP¥38,295.60 Save JP¥1,184.40 (3%)

“

Ordering from Professional Bookshop is fantastic, quick delivery great products, great customer service Siti L.
This is a great bookstore and have had no problems with them and all my orders have come on time and in good condition. Yang X.
Everything is perfect. Fast delivery. I highly recommend this website to all my friends and colleagues. Thanks Hoi Man L.
So thankful I am receiving all my books, thank you to all for a great service and excellent products Clinton K.
Professional Bookshop is amazing! I've been a loyal customer for over 5 years. Returns are easy to request, book or delivery complaints are taken seriously and the customer service team is friendly and patient. Mick D.
I wanted to informed you that the customer service is excellent. They were so polite and nice. I would continue to buy books from Professional Bookshop. Jingsong C.
Fast and quick service. Easy transaction method, arrived sooner than expected. Excellent packaging and the books received are in perfect condition! Thank you very much! I love the book and its quality. Saori B.
I can order any accounting books from worldwide from Professional Bookshop. Love this website and save my time to search from internet. Lingxiao R.
It is just so easy to find what you are always looking for and sometimes you can even find it up to 80% off what you would in the normal store. Graeme R.
I love shopping on Professional Bookshop! They have a wide range of accounting book with competent prices. Free shipping in Hong Kong is also really handy! Fergus Y.
Professional Bookshop is a great bookstore, I must say. Buying books in Professional Bookshop is so easy, great and reliable. It is highly recommendable. Deborah D.
A great site to shop accounting books and everything and with discountable prices. It’s my first choice whenever i want to shop something. Most trusted site. Zeng Z.
I found the books I needed and at a very low price. I am very happy and will definitely use it in the future Brian W.
I have been using Professional Bookshop for a while now. I am very impressed with customer service and delivery. When I need to have a return it is done very diligently. Olivia L.
Professional Bookshop is my default go to for finding the best prices and reading details of law books before buying. Detailed book description is very helpful. Tracy W.
I've been using Professional Bookshop since 2011 and they actually great, I always received great service and my book arrives on time. Lisa C.

所有书籍

The Nature and Value of Vagueness in the Law

Free delivery Hong Kong?

详细

你可能需要

What Our Customers Say?

所有书籍

The Nature and Value of Vagueness in the Law

Free delivery Hong Kong?

详细

你可能需要

What Our Customers Say?

video title