Chapter

<i>Sources of Indeterminacy</i>

TIMOTHY A. O. ENDICOTT

in Vagueness in Law

Published in print December 2000 | ISBN: 9780198268406
Published online January 2010 | e-ISBN: 9780191714795 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198268406.003.0003
Sources of Indeterminacy

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This chapter introduces the notions of borderline cases and tolerance, and tries to clarify the relation between them. Links are drawn between tolerance and various forms of doubt and disagreement about the application of words, in order to justify the book's focus on vagueness. The reason for that focus is that vagueness is a paradigmatic source of indeterminacy in law, and a very important source. Along with express grants of discretion and conventions giving judges power to develop the law, it is one of the most important sources of judicial discretion. And unlike other sources of indeterminacy such as ambiguity, it is a necessary feature of law.

Keywords: indeterminacy; indeterminacy in law; borderline cases; tolerance; legal theory; legal language; judicial discretion

Chapter.  12527 words. 

Subjects: Civil Law

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