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Strategic Indeterminacy in the Law - Oxford Scholarship Online
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Strategic Indeterminacy in the Law

David Lanius

Abstract

Indeterminacy in legal texts is pervasive.At the same time, there is a widespread misunderstanding about what indeterminacy is - especially in the law. Legal texts are particularly interesting 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, either by accident or by intention.While many have claimed that indeterminacy facilitates flexibility and can be strategically used, few have even recognized that there are more forms of indeterminacy t ... More

Keywords: Indeterminacy, Vagueness, Ambiguity, Generality, Legal Interpretation, Legal Indeterminacy, Strategic Vagueness, Signalling Games, Hard Cases, Value of Vagueness

Bibliographic Information

Print publication date: 2019 Print ISBN-13: 9780190923693
Published to Oxford Scholarship Online: July 2019 DOI:10.1093/oso/9780190923693.001.0001

Authors

Affiliations are at time of print publication.

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