This chapter develops an account of the meaning and use of various types of legal claims, and uses this account to inform debates about the nature and normativity of law. The account draws on a general framework for implementing a contextualist theory, called 'Discourse Contextualism' (Silk 2016). The aim of Discourse Contextualism is to derive the apparent normativity of claims of law from a particular contextualist interpretation of a standard semantics for modals, along with general principles of interpretation and conversation. (...) Though the semantics is descriptivist, it avoids Dworkin’s influential criticism of so-called “semantic theories of law,” and elucidates the nature of “theoretical disagreements” about the criteria of legal validity. The account sheds light on the social, interpersonal function of normative uses of language in legal discourse. It also gives precise expression to Hart’s and Raz’s intuitive distinctions among types of legal claims (internal/external, committed/detached), while giving them a uniform type of analysis. The proposed semantics and pragmatics of legal claims provides a fruitful framework for further theorizing about the nature and metaphysics of law, the relation between law and morality, and the apparent practical character of legal language and judgment. Discourse Contextualism provides a solid linguistic basis for a broader account of legal discourse and practice. (shrink)

By “legal interpretation” I mean the legally authoritative resolution of questions about what the content of the law is in its application to particular cases. It is the interpretation of legal texts by legally authoritative actors. One aspect of it is epistemological and one is constitutive. The epistemological task is to ascertain the content of laws resulting from previous actions of other legally authoritative sources. The constitutive task is to render an authoritative judgment that itself plays a role in determining (...) what the content of the law is. Sometimes this judgment changes the content of the laws, or legal provisions, that were the focus of the epistemological task. (shrink)

Stewart Shapiro's aim in Vagueness in Context is to develop both a philosophical and a formal, model-theoretic account of the meaning, function, and logic of vague terms in an idealized version of a natural language like English. It is a commonplace that the extensions of vague terms vary with such contextual factors as the comparison class and paradigm cases. A person can be tall with respect to male accountants and not tall with respect to professionalbasketball players. The main feature of (...) Shapiro's account is that the extensions of vague terms also vary in the course of a conversation, even after the external contextual features, such as the comparison class, are fixed. A central thesis is that in some cases, a competent speaker ofthe language can go either way in the borderline area of a vague predicate without sinning against the meaning of the words and the non-linguistic facts. Shapiro calls this open texture, borrowing the term from Friedrich Waismann.The formal model theory has a similar structure to the supervaluationist approach, employing the notion of a sharpening of a base interpretation. In line with the philosophical account, however, the notion of super-truth does not play a central role in the development of validity. The ultimate goal of the technical aspects of the work is to delimit a plausible notion of logical consequence, and to explore what happens with the sorites paradox.Later chapters deal with what passes for higher-order vagueness - vagueness in the notions of 'determinacy' and 'borderline' - and with vague singular terms, or objects. In each case, the philosophical picture is developed by extending and modifying the original account. This is followed with modifications to the model theory and the central meta-theorems.As Shapiro sees it, vagueness is a linguistic phenomenon, due to the kinds of languages that humans speak. But vagueness is also due to the world we find ourselves in, as we try to communicate features of it to each other. Vagueness is also due to the kinds of beings we are. There is no need to blame the phenomenon on any one of those aspects. (shrink)

The use of vague language in law has important implications for legal theory. Legal philosophers have occasionally grappled with those implications, but they have not come to grips with the characteristic phenomenon of vagueness: the sorites paradox. I discuss the paradox, and claim that it poses problems for some legal theorists (David Lyons, Hans Kelsen, and, especially, Ronald Dworkin). I propose that a good account of vagueness will have three consequences for legal theory: (i) Theories that deny that vagueness in (...) formulations of the law leads to discretion in adjudication (including Dworkin's) cannot accommodate “higher-order” vagueness, (ii) A legal theory should accept that the law is partly indeterminate when it can be stated in vague language, (iii) However, the traditional formulation of the indeterminacy claim, that a vague statement is “neither true nor false” in a borderline case, is misconceived and should be abandoned. (shrink)

The Concept of Law is one of the most influential texts in English-language jurisprudence. 50 years after its first publication its relevance has not diminished and in this third edition, Leslie Green adds an introduction that places the book in a contemporary context, highlighting key questions about Hart's arguments and outlining the main debates it has prompted in the field. The complete text of the second edition is replicated here, including Hart's Postscript, with fully updated notes to include modern references (...) and further reading. (shrink)

The Concept of Law is the most important and original work of legal philosophy written this century. First published in 1961, it is considered the masterpiece of H.L.A. Hart's enormous contribution to the study of jurisprudence and legal philosophy. Its elegant language and balanced arguments have sparked wide debate and unprecedented growth in the quantity and quality of scholarship in this area--much of it devoted to attacking or defending Hart's theories. Principal among Hart's critics is renowned lawyer and political philosopher (...) Ronald Dworkin who in the 1970s and 80s mounted a series of challenges to Hart's Concept of Law. It seemed that Hart let these challenges go unanswered until, after his death in 1992, his answer to Dworkin's criticism was discovered among his papers. In this valuable and long-awaited new edition Hart presents an Epilogue in which he answers Dworkin and some of his other most influential critics including Fuller and Finnis. Written with the same clarity and candor for which the first edition is famous, the Epilogue offers a sharper interpretation of Hart's own views, rebuffs the arguments of critics like Dworkin, and powerfully asserts that they have based their criticisms on a faulty understanding of Hart's work. Hart demonstrates that Dworkin's views are in fact strikingly similar to his own. In a final analysis, Hart's response leaves Dworkin's criticisms considerably weakened and his positions largely in question. Containing Hart's final and powerful response to Dworkin in addition to the revised text of the original Concept of Law, this thought-provoking and persuasively argued volume is essential reading for lawyers and philosophers throughout the world. (shrink)

Consider an object or property a and the predicate F. Then a is vague if there are questions of the form: Is a F? that have no yes-or-no answers. In brief, vague properties and kinds have borderline instances and composite objects have borderline constituents. I'll use the expression "borderline cases" as a covering term for both. ;Having borderline cases is compatible with precision so long as every case is either borderline F, determinately F or determinately not F. Thus, in addition (...) to borderline cases, vagueness requires "fuzzy borders". A has fuzzy borders if there is no sharp line between a's borderline cases, a's determinate cases and a's determinate non-cases. To illustrate, loudness is vague because in a continuum of gradually increasing volume, there is no fact about where the last definite loud noise is and where the first borderline noise is. ;Actual borderline cases are not required for vagueness. Suppose actual noises are either ear-shatteringly loud or silent. Even so, loudness is vague since it could have borderline instances. Just so for objects. Suppose a table is cleanly bounded such that there is a sharp break between the table and its surroundings. Still, that table is vague since there are worlds at which it is indeterminate whether some wood molecule a is, or is not, part of that table. ;There are three views about which things can be vague. On the linguistic view, vagueness is solely a feature of expressions. On the nihilistic view, nothing is vague because vagueness is incoherent. Pitted against these views is the ontological conception of vagueness according to which borderline instances and constituents arise due to genuine indeterminacy in nature. ;My dissertation defends the ontological conception. I argue against the adequacy of the theory's rivals, disarm a damaging objection and demonstrate the causal superiority of vague events. Anyone familiar with the literature on vagueness will notice that only a subset of issues are discussed. What I offer is preliminary--I hope only to make the theory of ontological vagueness attractive enough to merit future work. (shrink)

Islamic building codes require mosques to face Mecca. The further Islam spreads, the more apt are believers to fall into a quandary. X faces Y only when the front of X is closer to Y than any other side of X. So the front of the mosque should be oriented along a shortest path to Mecca. Which way is that? Does the path to Mecca tunnel through the earth? Or does the path follow the surface of the earth?

This paper demarcates a theoretically interesting class of "evaluational adjectives." This class includes predicates expressing various kinds of normative and epistemic evaluation, such as predicates of personal taste, aesthetic adjectives, moral adjectives, and epistemic adjectives, among others. Evaluational adjectives are distinguished, empirically, in exhibiting phenomena such as discourse-oriented use, felicitous embedding under the attitude verb `find', and sorites-susceptibility in the comparative form. A unified degree-based semantics is developed: What distinguishes evaluational adjectives, semantically, is that they denote context-dependent measure functions ("evaluational (...) perspectives")—context-dependent mappings to degrees of taste, beauty, probability, etc., depending on the adjective. This perspective-sensitivity characterizing the class of evaluational adjectives cannot be assimilated to vagueness, sensitivity to an experiencer argument, or multidimensionality; and it cannot be demarcated in terms of pretheoretic notions of subjectivity, common in the literature. I propose that certain diagnostics for "subjective" expressions be analyzed instead in terms of a precisely specified kind of discourse-oriented use of context-sensitive language. I close by applying the account to `find x PRED' ascriptions. (shrink)

Stewart Shapiro's aim in Vagueness in Context is to develop both a philosophical and a formal, model-theoretic account of the meaning, function, and logic of vague terms in an idealized version of a natural language like English. It is a commonplace that the extensions of vague terms vary with such contextual factors as the comparison class and paradigm cases. A person can be tall with respect to male accountants and not tall with respect to professional basketball players. The main feature (...) of Shapiro's account is that the extensions of vague terms also vary in the course of a conversation, even after the external contextual features, such as the comparison class, are fixed. A central thesis is that in some cases, a competent speaker of the language can go either way in the borderline area of a vague predicate without sinning against the meaning of the words and the non-linguistic facts. Shapiro calls this open texture, borrowing the term from Friedrich Waismann.The formal model theory has a similar structure to the supervaluationist approach, employing the notion of a sharpening of a base interpretation. In line with the philosophical account, however, the notion of super-truth does not play a central role in the development of validity. The ultimate goal of the technical aspects of the work is to delimit a plausible notion of logical consequence, and to explore what happens with the sorites paradox.Later chapters deal with what passes for higher-order vagueness - vagueness in the notions of 'determinacy' and 'borderline' - and with vague singular terms, or objects. In each case, the philosophical picture is developed by extending and modifying the original account. This is followed with modifications to the model theory and the central meta-theorems.As Shapiro sees it, vagueness is a linguistic phenomenon, due to the kinds of languages that humans speak. But vagueness is also due to the world we find ourselves in, as we try to communicate features of it to each other. Vagueness is also due to the kinds of beings we are. There is no need to blame the phenomenon on any one of those aspects. (shrink)

When I was invited to participate in this symposium, I welcomed what I thought would be the opportunity to apply my views about the semantics and logic of vague language to the real-life problems of vagueness legal theorists worry about. I confess to having formed my ambition without a very clear sense of what jurisprudential problems might be illuminated by general theories of vagueness. To be sure, I was able to guess that a symposium on Vagueness and Law must have (...) something to do with the dilemmas courts face when it is indeterminate how a legal dispute should be resolved. What I had not thought through was how philosophers like myself might help to illuminate those dilemmas by bringing to bear on them their own logico-semantical theories of vagueness. This was unfortunate because, having done a bit of homework, I have reached the conclusion that philosophical theories of vagueness, even if true, have nothing to offer jurisprudential concerns about vagueness. Once she is reminded of certain platitudes about vagueness, the legal theorist needs no further help from philosophers of language and logic. Let’s see why this is so. (shrink)

This paper develops the treatment of vague predicates begun in my "Vagueness Without Paradox" (Philosophical Review 103, 1 [1994]). In particular, I show how my account of vague words dissolves an "eternal" version of the sorites paradox, i.e., a version in which the paradox is generated independently of any particular run of judgments of the items in a sorites series. In so doing I refine the notion of an internal contest, introduced in the earlier paper, and draw a distinction within (...) the class of internal contexts between contexts of judgment and contexts of consideration. (shrink)

In this article, we propose a novel account of general jurisprudence by situating it within the broader project of metanormative inquiry. We begin by showing how general jurisprudence is parallel to another well-known part of that project, namely, metaethics. We then argue that these projects all center on the same task: explaining how a certain part of thought, talk, and reality fits into reality overall. Metalegal inquiry aims to explain how legal thought, talk, and reality fit into reality. General jurisprudence (...) is the part of metalegal inquiry that focuses on universal legal thought, talk, and reality. (shrink)

Hans Kelsen is considered by many to be the foremost legal thinker of the twentieth century. During the last decade of his life he was working on what he called a general theory of norms. Published posthumously in 1979 as Allgemeine Theorie der Normen, the book is here translated for the first time into English. Kelsen develops his "pure theory of law" into a "general theory of norms", and analyzes the applicability of logic to norms to offer an original and (...) extreme position which some have called "normative irrationalism". Examining the views of over 200 philosophers and legal theorists on law, morality, and logic, and revising several of his own earlier positions, Kelsen's final work is a mandatory resource for legal and moral philosophers. (shrink)

It is widely accepted that vagueness in law calls for a specific interpretation of the law—interpretation that changes the meaning of the law and makes it more precise. According to this view, vagueness causes gaps in the law, and the role of legal interpretation in the case of vagueness is to fill such gaps. I argue that this view is mistaken and defend the thesis that vagueness in law calls only for an application of the law to the case at (...) hand, leaving the meaning of the law intact. (shrink)

I distinguish two broad approaches to vagueness that I call "robust" and "wimpy". Wimpy construals explain vagueness as robust (i.e., does not manifest arbitrary precision); that standard approaches to vagueness, like supervaluationism or appeals to degrees of truth, wrongly treat vagueness as wimpy; that vagueness harbors an underlying logical incoherence; that vagueness in the world is therefore impossible; and that the kind of logical incoherence nascent in vague terms and concepts is benign rather than malignant. I describe some implications for (...) logic, semantics, and metaphysics. (shrink)

Vague expressions are omnipresent in natural language. Their use in legal texts is inevitable. A law phrased in vague terms will often leave it indeterminate whether it applies to a particular case. This places the law at odds with legal values. One of the fundamental pillars of the rule of law is legal certainty. The determinacy of the law enables people to use it as a guide and allows judges make impartial decisions. Vagueness poses a threat to these ideals. In (...) borderline cases, the law seems to be indeterminate and thus incapable of serving its core rule of law value. -/- In the philosophy of language, vagueness has become one of the hottest topics of the past two decades. Linguists and philosophers have investigated what distinguishes ‘soritical’ vagueness from other kinds of linguistic indeterminacy, such as ambiguity, generality, open texture, and family resemblance concepts. There is a vast literature that discusses the logical, semantic, pragmatic, and epistemic aspects of these phenomena. Legal theory has hitherto paid little attention to the differences between the various kinds of linguistic indeterminacy that are grouped under the heading of ‘vagueness’, let alone to the various theories that try to account for these phenomena. -/- Bringing together leading scholars working on the topic of vagueness in philosophy and in law, this book fosters a dialogue between philosophers and legal scholars by examining how philosophers conceive legal ambiguity from their theoretical perspective and how legal theorists make use of philosophical theories of vagueness. -/- The chapters of the book are organized into three parts. The first part addresses the import of different theories of vagueness for the law, referring to a wide range of theories from supervaluationist to contextualist and semantic realist accounts in order to address the question of whether the law can learn from engaging with philosophical discussions of vagueness. The second part of the book examines different vagueness phenomena. The contributions suggest that paying greater attention to these phenomena can make lawyers aware of specific issues and solutions as yet overlooked. The third part deals with the pragmatic aspects of vagueness in law and with the professional, political, and moral issues to which such vagueness gives rise. (shrink)

This book investigates context-sensitivity in natural language by examining the meaning and use of a target class of theoretically recalcitrant expressions. These expressions-including epistemic vocabulary, normative and evaluative vocabulary, and vague language -exhibit systematic differences from paradigm context-sensitive expressions in their discourse dynamics and embedding properties. Many researchers have responded by rethinking the nature of linguistic meaning and communication. Drawing on general insights about the role of context in interpretation and collaborative action, Silk develops an improved contextualist theory of CR-expressions (...) within the classical truth-conditional paradigm: Discourse Contextualism. The aim of Discourse Contextualism is to derive the distinctive linguistic behavior of a CR-expression from a particular contextualist interpretation of an independently motivated formal semantics, along with general principles of interpretation and conversation. It is shown how in using CR-expressions, speakers can exploit their mutual grammatical and world knowledge, and general pragmatic reasoning skills, to coordinate their attitudes and negotiate about how the context should evolve. The book focuses primarily on developing a Discourse Contextualist semantics and pragmatics for epistemic modals. The Discourse Contextualist framework is also applied to other categories of epistemic vocabulary, normative and evaluative vocabulary, and vague adjectives. The similarities/differences among these expressions, and among context-sensitive expressions more generally, have been underexplored. The development of Discourse Contextualism in this book sheds light on general features of meaning and communication, and the variety of ways in which context affects and is affected by uses of language. Discourse Contextualism provides a fruitful framework for theorizing about various broader issues in philosophy, linguistics, and cognitive science. (shrink)

In this paper I develop a framework for understanding ontic vagueness. The project of the paper is two-fold. I first outline a definitional account of ontic vagueness – one that I think is an improvement on previous attempts because it remains neutral on other, independent metaphysical issues. I then develop one potential manifestation of that basic definitional structure. This is a more robust (and much less neutral) account which gives a fully classical explication of ontic vagueness via modal concepts. The (...) overarching aim is to systematically investigate the puzzling question of what exactly it could be for the world itself to be vague. (shrink)

It is natural to think that law ought not to be vague. After all, law is supposed to guide conduct, and vague law seems poorly suited to do that. Contrary to this common impression, however, a number of authors have argued that vagueness in the law is sometimes a good thing, because it is a means to achieving certain valuable legislative ends. In this article, I argue that many authors—including Timothy Endicott and Jeremy Waldron—wrongly associate vagueness with instrumental roles that (...) are really played by a closely related semantic phenomenon. (shrink)

The book builds on recent work in pragmatics and speech-act theory to explain how, and to what extent, legal content is determined by linguistic considerations. At the same time, the analysis shows that some of the unique features of communication in the legal domain - in particular, its strategic nature - can be employed to put pressure on certain assumptions in philosophy of language. This enables a more nuanced picture of how semantic and pragmatic determinants of communication work in complex (...) and large-scale systems such as law. (shrink)

In Unruly Words, Diana Raffman advances a new theory of vagueness which, unlike previous accounts, is genuinely semantic while preserving bivalence. According to this new approach, called the multiple range theory, vagueness consists essentially in a term's being applicable in multiple arbitrarily different, but equally competent, ways, even when contextual factors are fixed.

This collection brings together the best contemporary philosophical work in the area of intersection between philosophy of language and the law. Some of the contributors are philosophers of language who are interested in applying advances in philosophy of language to legal issues, and some of the participants are philosophers of law who are interested in applying insights and theories from philosophy of language to their work on the nature of law and legal interpretation. By making this body of recent work (...) available in a single volume, readers will gain both a general overview of the various interactions between language and law, and also detailed analyses of particular areas in which these interactions manifest. The contributions to this volume are grouped under three main general areas: The first area concerns a critical assessment, in light of recent advances in philosophy of language, of the foundational role of language in understanding the nature of law itself. The second main area concerns a number of ways in which an understanding of language can resolve some of the issues prevalent in legal interpretation, such as the various ways in which semantic content can differ from law's assertive content; the contribution of presuppositions and pragmatic implicatures in understanding what the law conveys; the role of vagueness in legal language, for example. The third general topic concerns the role of language in the context of particular legal doctrines and legal solutions to practical problems, such as the legal definitions of inchoate crimes, the legal definition of torture, or the contractual doctrines concerning default rules. Together, these three key issues cover a wide range of philosophical interests in law that can be elucidated by a better understanding of language and linguistic communication. (shrink)

Vagueness leads to indeterminacies in the application of the law in many cases. This book responds to the challenges that those indeterminacies pose to a theory of law and adjudication. The book puts controversies in legal theory in a new light, using arguments in the philosophy of language to offer an explanation of the unclarities that arise in borderline cases for the application of vague expressions. But the author also argues that vagueness is a feature of law, and not merely (...) of legal language: the linguistic and non-linguistic resources of the law are commonly vague. These claims have consequences that have seemed unacceptable to many legal theorists. Because law is vague, judges cannot always decide cases by giving effect to the legal rights and obligations of the parties. Judges cannot always treat like cases alike. The ideal of the rule of law seems to be unattainable. The book offers a new articulation of the content of that ideal. It argues that the pursuit of justice and the rule of law do not depend on the idea that the requirements of the law are determinate in all cases. The resolution of unresolved disputes is an important and independent duty of judges –a duty that is itself an essential component of the ideal of the rule of law. (shrink)

Stewart Shapiro's ambition in Vagueness in Context is to develop a comprehensive account of the meaning, function, and logic of vague terms in an idealized version of a natural language like English. It is a commonplace that the extensions of vague terms vary according to their context: a person can be tall with respect to male accountants and not tall (even short) with respect to professional basketball players. The key feature of Shapiro's account is that the extensions of vague terms (...) also vary in the course of conversations and that, in some cases, a competent speaker can go either way without sinning against the meaning of the words or the non-linguistic facts. As Shapiro sees it, vagueness is a linguistic phenomenon, due to the kinds of languages that humans speak; but vagueness is also due to the world we find ourselves in, as we try to communicate features of it to each other. (shrink)

Sorensen here offers a unified solution to a large family of philosophical puzzles and paradoxes through a study of "blindspots": consistent propositions that cannot be rationally accepted by certain individuals even though they might by true.

In this book, Scott Soames illuminates the notion of truth and the role it plays in our ordinary thought as well as in our logical, philosophical, and scientific theories. Soames aims to integrate and deepen the most significant insights on truth from a variety of sources. He powerfully brings together the best technical work and the most important philosophical reflection on truth and shows how each can illuminate the other. Investigating such questions as whether we need a truth predicate at (...) all, what theoretical tasks it allows us to accomplish, and how we are to understand the content of any predicate capable of accomplishing these tasks, Soames organizes his discussion into three parts. Part I addresses crucial foundational issues as it identifies the bearers of truth, provides a basis for distinguishing truth from other notions, and formulates positive responses to well-known forms of truth-skepticism. Part II explicates the formal theories of Alfred Tarski and Saul Kripke and evaluates the philosophical significance of their work. It discusses their treatments of the Liar paradox, the relationship between truth and proof, the notion of a partially defined predicate, the concepts of logical truth and logical consequence, and the connection between truth and meaning. Part III extends important lessons drawn from Tarski and Kripke into new domains: vague predicates, the Sorites paradox, and the development of a larger, deflationary perspective on truth. Throughout the book, Soames examines a wide range of deflationary theories of truth, and attempts to separate what is correct and worth preserving in them from what is not. In doing so, he seeks to clear up many of the most significant philosophical doubts about truth. Written for a general audience while offering engaging material to the specialist, this rich study will be profitably read by both. (shrink)

Most expressions in natural language are vague. But what is the best semantic treatment of terms like 'heap', 'red' and 'child'? And what is the logic of arguments involving this kind of vague expression? These questions are receiving increasing philosophical attention, and in this book, first published in 2000, Rosanna Keefe explores the questions of what we should want from an account of vagueness and how we should assess rival theories. Her discussion ranges widely and comprehensively over the main theories (...) of vagueness and their supporting arguments, and she offers a powerful and original defence of a form of supervaluationism, a theory that requires almost no deviation from standard logic yet can accommodate the lack of sharp boundaries to vague predicates and deal with the paradoxes of vagueness in a methodologically satisfying way. Her study will be of particular interest to readers in philosophy of language and of mind, philosophical logic, epistemology and metaphysics. (shrink)

Written by two of the leading figures in the field, this is a lucid and systematic introduction to semantics as applied to transformational grammars of the ...

How can it be valuable to use vagueness in a normative text? The effect is to make a vague norm, and vagueness seems repugnant to the very idea of making a norm. It leaves conduct (to some extent) unregulated, when the very idea of making a norm is to regulate conduct. A vague norm leaves the persons for whom the norm is valid with no guide to their conduct in some cases - and the point of a norm is to (...) guide conduct. A vague norm in a system of norms does not control the officers or officials responsible for applying the norms or resolving disputes - and part of the value of a system of norms is to control the conduct of the persons to whom the system gives normative power. In this essay I will seek to resolve these puzzles, and to show that vagueness can be valuable to lawmakers (and valuable to them, because their use of it is valuable to the people to whom the law is addressed). Far from being repugnant to the idea of making a norm, vagueness is a central technique of normative texts: it is needed in order to pursue the purposes of formulating such texts. Not all norms are vague. But vagueness is of central importance to the very idea of guiding conduct by norms. (shrink)

Roy Sorensen has argued that vagueness in the law cannot be justified by appeal to the value of power-delegation, and thereby threatens to take away one of the main reasons for thinking that vagueness can be valuable to law. Delegation of power to officials is justified, he thinks, only if these officials are in a better position to discover whether a particular x is F, a condition not satisfied in cases of vagueness. I argue that Sorensen’s argument is unsound: delegation (...) of power can be valuable even if the delegates are not in a better position to answer that question. (shrink)

The author argues that vagueness in law is typically extravagant, in the sense that it is possible for two competent users of the language, who understand the facts of each case, to take such different views that there is not even any overlap between the cases that each disputant would identify as borderline. Extravagant vagueness is a necessary feature of legal systems. Some philosophers of law and philosophers of language claim that bivalence is a property of statements in the domains (...) that concern them (the domain of law in the former case, the whole domain of meaningful discourse in the latter). The author argues that the bivalence claim should be rejected. In philosophy of law, the motivation underlying the bivalence claim is an urge to assert the principle that the law must be capable of standing against arbitrary use of political power. The challenge – once the bivalence claim is rejected – is to articulate the law's opposition to arbitrariness in a way that is compatible with the possibility of indeterminacy in the application of vague laws. (shrink)