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Vagueness and Law

In Giuseppina Ronzitti (ed.), Vagueness: A Guide. Springer Verlag. pp. 171--191 (2011)

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  1. The Creative Interpreter: Content Relativism and Assertion.Herman Cappelen - 2008 - Philosophical Perspectives 22 (1):23 - 46.
    Philosophers of language and linguists tend to think of the interpreter as an essentially non-creative participant in the communicative process. There’s no room, in traditional theories, for the view that correctness of interpretation depends in some essential way on the interpreter. As a result, there’s no room for the possibility that while P is the correct interpretation of an utterance, u, for one interpreter, P* is the correct interpretation of that utterance for another interpreter. Recently, a number of theorists have, (...)
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  • Theories of vagueness and theories of law.Alex Silk - 2019 - Legal Theory 25 (2):132-152.
    It is common to think that what theory of linguistic vagueness is correct has implications for debates in philosophy of law. I disagree. I argue that the implications of particular theories of vagueness on substantive issues of legal theory and practice are less far-reaching than often thought. I focus on four putative implications discussed in the literature concerning (i) the value of vagueness in the law, (ii) the possibility and value of legal indeterminacy, (iii) the possibility of the rule of (...)
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  • Semiotic Aspects in Patent Interpretation.Simone R. N. Reis, Andre Reis, Jordi Carrabina & Pompeu Casanovas - 2019 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 32 (2):359-389.
    This paper discusses the semiotic dimension of patent interpretation. Patent documents are at the same time disclosure of information and a granting of rights. The claim section expresses the granted rights. In this paper, we view the claims as signs that express the granted rights. The semantics to interpret the signs is given by the all-elements rule, as pragmatics. The description and drawings sections of the patent document provide metapragmatics in the form of lexicon and syntax to help the understanding (...)
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