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The Nature and Value of Vagueness in the Law

Oxford: Hart Publishing (2020)

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  1. W, W, W, We Are Theocracy: Legal Stammer.Pouya Lotfi Yazdi - manuscript
    In this essay, I (Hereafter: the writer) will attempt to indicate the necessity of a minimalist position on the legal language. Moreover, the writer will transfer this conservative position to legal language in a theocracy and argue that religious legal language in a theocracy is involved Legal Stammer Argument.
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  • Default Reasoning and the Law: A Dialogue.Penco Carlo & Canale Damiano - 2022 - Revus. Journal for Constitutional Theory and Philosophy of Law / Revija Za Ustavno Teorijo in Filozofijo Prava 47.
    Reasoning by default is a relevant aspect of everyday life that has traditionally attracted the attention of many fields of research, from psychology to the philosophy of logic, from economics to artificial intelligence. Also in the field of law, default reasoning is widely used by lawyers, judges and other legal decision-makers. In this paper, a philosopher of language (Carlo Penco) and a philosopher of law (Damiano Canale) attempt to explore some uses of default reasoning that are scarcely considered by legal (...)
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  • Vagueness.Roy Sorensen - 1997 - In Edward N. Zalta (ed.), Stanford Encyclopedia of Philosophy. Stanford University.
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  • The Nature of Law.Andrei Marmor - 2008 - Stanford Encyclopedia of Philosophy.
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  • How to justify a backing’s eligibility for a warrant: the justification of a legal interpretation in a hard case.Shiyang Yu & Xi Chen - forthcoming - Artificial Intelligence and Law:1-30.
    The Toulmin model has been proved useful in law and argumentation theory. This model describes the basic process in justifying a claim, which comprises six elements, i.e., claim, data, warrant, backing, qualifier, and rebuttal. Specifically, in justifying a claim, one must put forward ‘data’ and a ‘warrant’, whereas the latter is authorized by ‘backing’. The force of the ‘claim’ being justified is represented by the ‘qualifier’, and the condition under which the claim cannot be justified is represented as the ‘rebuttal’. (...)
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