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Vagueness, Comparative Value, and the "Lawmakers’ Challenge"

Asgeirsson, H (2012) Vagueness, Comparative Value, and the "Lawmakers’ Challenge" Archiv für Rechts- und Sozialphilosphie, 98 (3). pp. 299-316.

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Abstract

In "The Value of Vagueness," Timothy Endicott argues that vague law can be better than precise law. I think he is in many respects correct, but will suggest that we modify and supplement his framework in order to get a firmer grip on what I call the Lawmakers' Challenge: the scenario in which lawmakers find themselves when they must determine whether the consequences of precision are worse than the consequences of vagueness. This will allow us to identify several points of actual and possible disagreement regarding the value of vagueness for law, each of which could affect Endicott's claim that vagueness is sometimes preferable to precision. The framework will also allow us to compare positions that seem – on the face of it – hard to compare, due to the fact that they rest on different theories of value and/or different theories of law.

Item Type: Article
Subjects : Law
Divisions : Faculty of Arts and Social Sciences > School of Law
Authors :
AuthorsEmailORCID
Asgeirsson, HUNSPECIFIEDUNSPECIFIED
Date : July 2012
Copyright Disclaimer : © Franz Steiner Verlag, Stuttgart 2012
Related URLs :
Depositing User : Symplectic Elements
Date Deposited : 07 Oct 2016 07:42
Last Modified : 07 Oct 2016 07:42
URI: http://epubs.surrey.ac.uk/id/eprint/812340

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