On the Instrumental Value of Vagueness in the Law

Ethics 125 (2):425-448 (2015)
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Abstract

It is natural to think that law ought not to be vague. After all, law is supposed to guide conduct, and vague law seems poorly suited to do that. Contrary to this common impression, however, a number of authors have argued that vagueness in the law is sometimes a good thing, because it is a means to achieving certain valuable legislative ends. In this article, I argue that many authors—including Timothy Endicott and Jeremy Waldron—wrongly associate vagueness with instrumental roles that are really played by a closely related semantic phenomenon.

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Hrafn Asgeirsson
University of Surrey

Citations of this work

The Sorites Paradox in Practical Philosophy.Hrafn Asgeirsson - 2019 - In Sergi Oms & Elia Zardini (eds.), The Sorites Paradox. New York, NY: Cambridge University Press. pp. 229–245.
The nature of law.Andrei Marmor - 2008 - Stanford Encyclopedia of Philosophy.
What is the Value of Vagueness?David Lanius - 2021 - Theoria 87 (3):752-780.
Theories of vagueness and theories of law.Alex Silk - 2019 - Legal Theory 25 (2):132-152.

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