Textualism and pragmatics of general terms...

University of Southern California

Graduate Student, Philosophy

Thesis Title: Vagueness, Legal Content, and Legal Interpretation

Andrei Marmor

About

Lawmaking is – paradigmatically – a type of speech act: people make law by saying things. It is natural to think, therefore, that the content of the law is determined by what lawmakers communicate. However, it is sometimes vague what content they communicate, and even when it is clear, the content itself is sometimes vague. In my dissertation, I examine the nature and consequences of these two linguistic sources of indeterminacy in the law. I argue that vagueness in the law is sometimes a good thing, although its value should not be overestimated. I also propose a strategy for resolving borderline cases, which – if correct – sheds significant light on the debate about legal interpretation.

Contact Information

Homepage:

http://www-scf.usc.edu/~asgeirss/

Address:

University of Southern California
Mudd Hall of Philosophy
3709 Trousdale Parkway
Los Angeles, CA 90089-0451
USA

 
Law and Philosophy
Ethics
Legal Theory

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