Strategic Indeterminacy in the Law

— —

David Lanius (Researcher and Trainer, Researcher and Trainer, DebateLab at Karlsruhe Institute of Technology (KIT) and Institute of Argumentation Competence in Berlin)

Strategic Indeterminacy in the Law

David Lanius (Researcher and Trainer, Researcher and Trainer, DebateLab at Karlsruhe Institute of Technology (KIT) and Institute of Argumentation Competence in Berlin)

$317

Hardback

Not in-store but you can order this
How long will it take?

Availability Information

We source books from suppliers in Australia and overseas. For books we don't currently have in stock, the time it takes to get them from our suppliers can vary widely - from a few days to a few months - so we check each book with each supplier to determine the expected time it will take to be supplied to us.

We then advise you accordingly. If the time taken to get any book is too long for you, you can let us know and we will cancel or adjust your order, and refund as required.

To find out the anticipated arrival time for specific items prior to ordering, please contact us by phone or email:

Phone +61 2 9264 3111, or 1800 4 BOOKS (1800 4 26657) if outside Sydney:
option 1 Abbey's Bookshop (Crime, History, Science, Kids & more) • info@abbeys.com.au
option 2 Language Book Centre (ESL & Foreign Languages) • language@abbeys.com.au
option 3 Galaxy Bookshop (Sci-fi, Fantasy, Romance, Graphic Novels) • sf@galaxybooks.com.au

QTY:

English

Oxford University Press Inc
11 July 2019

Sociolinguistics; Physical anthropology & ethnography; Contract law

Series: Oxford Studies in Language and Law

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.

By: David Lanius (Researcher and Trainer Researcher and Trainer DebateLab at Karlsruhe Institute of Technology (KIT) and Institute of Argumentation Competence in Berlin)
Imprint: Oxford University Press Inc
Country of Publication: United States
Dimensions: Height: 157mm, Width: 236mm, Spine: 33mm
Weight: 1g
ISBN: 9780190923693
ISBN 10: 0190923695
Series: Oxford Studies in Language and Law
Pages: 352
Publication Date: 11 July 2019
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

Introduction Chapter 1: Forms of Indeterminacy Chapter 2: Language and the Law Chapter 3: Indeterminacy in the Law Chapter 4: Functions of Indeterminacy Chapter 5: Strategic Indeterminacy in the Law Summary and Conclusion

David Lanius is Post-Doctoral Researcher at DebateLab of Karlsruhe Institute of Technology. He works on strategic indeterminacy in the law and politics, constructive discourse, argument analysis, fake news, and populism.