
Contents
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Vagueness — A Common Ground for Lawyers and Linguists Vagueness — A Common Ground for Lawyers and Linguists
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Introduction Introduction
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Vagueness in general — Pinkal’s classification Vagueness in general — Pinkal’s classification
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Vagueness in statutory texts Vagueness in statutory texts
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Indeterminacy — local or global? Indeterminacy — local or global?
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The legal issue: rule of law as an ideal The legal issue: rule of law as an ideal
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The Negotiation of Scope in Legislative Provisions The Negotiation of Scope in Legislative Provisions
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A topical example A topical example
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Data on information loading Data on information loading
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Argumentative structures in legislative provisions: qualifications Argumentative structures in legislative provisions: qualifications
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Balancing precision and indeterminacy Balancing precision and indeterminacy
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Vague qualifiers Vague qualifiers
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Conclusions and perspectives of further research Conclusions and perspectives of further research
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References References
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Appendix Appendix
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7 Vagueness and Indeterminacy in Law
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Published:January 2008
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Abstract
Vagueness and indeterminacy in statutory texts create a dilemma in law. The basic assumption is that society must be governed by the rule of law and not on the basis of individual beliefs or actions. However, it is also obvious that indeterminacy and vagueness are typically inherent characteristics of law, thus making interpretation a necessary and important aspect of legal application. This chapter investigates vague expressions in arbitration laws and claims that they are typically essential as discretion markers because the flexible nature of arbitration discourse makes relatively more room for interpretation. It argues that qualifying expressions, although integral features of legislative provisions, do not necessarily eliminate vagueness. This is chiefly because of the presence of “internal” qualifiers which contribute significantly to the negotiation of scope and application.
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