PUBLISHING | ARTICLE

Theory and Philosophy of Law

The nature and value of vagueness in the law

LPL Author(s):
Ana Escher
Within the scope of the Project:
Lisbon Legal Theory
Research Areas:
Theory of Law
Bibliographic reference:
Ana Escher (2021) The nature and value of vagueness in the law, Jurisprudence, 12:4, 612-619
Research Group(s):
Theory and Philosophy of Law
9781849466066
Publishing company: Routledge
Year: 2021

Synopsis

If a sound philosophical curiosity as to what might possibly drive the (presumed to be rational and ethically sound) lawmaker to employ vague words in normative drafting brought you to this book, you will not be disappointed. It draws at length at questions like ‘is it good to have vague words in normative texts’; ‘what reasons might be behind the use of vague terms in law’; ‘what is the legislator trying to achieve’; ‘what function could the use of vague terms be serving in law’; ‘does this function vary among different legal areas’ and so on.If, however, on a more legal theoretical (technical) stance, you are looking for a thorough understanding of how to recognize vagueness and it’s causes, namely in comparison with related linguistic and normative indeterminacies and what, discretion wise, are the concrete consequences of vague terms in normative texts, then you might want to lay it aside.While the title promises insights as to the nature and value of vagueness in the law, you will definitely get a great deal more of the latter.

Lisbon Public Law Research Centre

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