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  1. Intentional Vagueness.Andreas Blume & Oliver Board - 2014 - Erkenntnis 79 (S4):1-45.
    This paper analyzes communication with a language that is vague in the sense that identical messages do not always result in identical interpretations. It is shown that strategic agents frequently add to this vagueness by being intentionally vague, i.e. they deliberately choose less precise messages than they have to among the ones available to them in equilibrium. Having to communicate with a vague language can be welfare enhancing because it mitigates conflict. In equilibria that satisfy a dynamic stability condition intentional (...)
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  • (1 other version)Causation and the Silly Norm Effect.Levin Güver & Markus Kneer - 2023 - In Stefan Magen & Karolina Prochownik (eds.), Advances in Experimental Philosophy of Law. New York, NY: Bloomsbury Academic. pp. 133–168.
    In many spheres, the law takes the legal concept of causation to correspond to the folk concept (the correspondence assumption). Courts, including the US Supreme Court, tend to insist on the "common understanding" and that which is "natural to say" (Burrage v. United States) when it comes to expressions relating to causation, and frequently refuse to clarify the expression to juries. As recent work in psychology and experimental philosophy has uncovered, lay attributions of causation are susceptible to a great number (...)
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  • Why Legal Formalism Is Not a Stupid Thing.Paul Troop - 2018 - Ratio Juris 31 (4):428-443.
    Legal formalism is the foil for many theories of law. Yet formalism remains controversial, meaning that its critics focus on claims that are not central. This paper sets out a view of formalism using a methodology that embraces one of formalism’s most distinct claims, that formalism is a scientific theory of law. This naturalistic view of formalism helps to distinguish two distinct types of formalism, “doctrinal formalism,” the view that judicial behaviour can be represented using rules, and “rule formalism,” the (...)
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