30.3241, Books: Strategic Indeterminacy in the Law: Lanius

[The LINGUIST List]

LINGUIST List: Vol-30-3241. Tue Aug 27 2019. ISSN: 1069 - 4875.

Subject: 30.3241, Books: Strategic Indeterminacy in the Law: Lanius

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Date: Tue, 27 Aug 2019 11:03:36
From:  Oxford University Press [HumanitiesMarketing at oup.com]
Subject: Strategic Indeterminacy in the Law: Lanius

 


Title: Strategic Indeterminacy in the Law 
Publication Year: 2019 
Publisher: Oxford University Press
	   http://www.oup.com/us
	

Book URL: https://global.oup.com/academic/product/strategic-indeterminacy-in-the-law-9780190923693?q=9780190923693&lang=en&cc=us 


Author: David Lanius

Hardback: ISBN:  9780190923693 Pages: 352 Price: U.S. $ 99.00


Abstract:

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.
 



Linguistic Field(s): Philosophy of Language
                     Sociolinguistics


Written In: English  (eng)

See this book announcement on our website: 
http://linguistlist.org/pubs/books/get-book.cfm?BookID=137893




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