Chapter

Clear Cases

Brian Bix

in Law, Language, and Legal Determinacy

Published in print November 1995 | ISBN: 9780198260509
Published online March 2012 | e-ISBN: 9780191682100 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198260509.003.0004

Series: Clarendon Paperbacks

Clear Cases

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Most of the writing about clear cases is not about sociology of chances of convergences but rather about language-based determinacy. Clear cases may give the appearance of a predictable or obvious nature and basis, but one can't deny a possible facade. A close analysis reveals a variety of problems. Other influences that can make a clear case unclear or a hard case easy includes the issue of speakers' intention, dialects and idiolects, context, community practices and assumption, views about justice, ideas about rule-application, as well as the issues of vagueness and ‘open texture’.

Keywords: clear cases; language-based determinacy; idiolects; context; dialects; justice; rule-application; vagueness; open texture

Chapter.  5513 words. 

Subjects: Jurisprudence and Philosophy of Law

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