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Legal Contextualism


Marketed By :  VDM Verlag Dr. Müller   Sold By :  Kamal Books International  
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  • Product Description

Theorists have described legal indeterminacy by emphasizing three distinct sources of law's gaps. Holmes is committed to an ontic approach in which judges determine law by filling systemic gaps. Hart offers a semantic approach, focusing on the open texture of legal terms. Dworkin offers an epistemic approach, describing gaps as judicial uncertainty in applying relevant principles. Philosophers of vagueness have also taken ontic, semantic, and epistemic approaches. Because none seems satisfactory, contextualist theorists have offered an alternative. Shapiro describes vagueness within the context of an ongoing conversation as borderline cases of open-textured terms that give evaluators discretion to decide those cases either way. Since Shapiro and Hart employ Waismann's notion of “open texture,” a contextualist reconstruction of Hart's.

Product Specifications
SKU :COC46496
AuthorScott Anderson
Number of Pages148
Publishing Year2010-04-27T00:00:00.000
Edition1 st
Book TypeLaw
Country of ManufactureIndia
Product BrandVDM Verlag Dr. Müller
Product Packaging InfoBox
In The Box1 Piece
Product First Available On ClickOnCare.com2015-03-08 00:00:00