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VAGUENESS, LEGAL CONTENT, AND LEGAL INTERPRETATION
by
Hrafn Asgeirsson
_______________________________________________________________________
A Dissertation Presented to the
FACULTY OF THE USC GRADUATE SCHOOL
UNIVERSITY OF SOUTHERN CALIFORNIA
In Partial Fulfillment of the
Requirements for the Degree
DOCTOR OF PHILOSOPHY
(PHILOSOPHY)
May 2012
Copyright 2012 Hrafn Asgeirsson
Object Description
| Title | Vagueness, legal content, and legal interpretation |
| Author | Asgeirsson, Hrafn |
| Author email | asgeirss@usc.edu;hrafnas@gmail.com |
| Degree | Doctor of Philosophy |
| Document type | Dissertation |
| Degree program | Philosophy |
| School | College of Letters, Arts And Sciences |
| Date defended/completed | 2012-03-23 |
| Date submitted | 2012-04-06 |
| Date approved | 2012-04-06 |
| Restricted until | 2012-04-06 |
| Date published | 2012-04-06 |
| Advisor (committee chair) | Marmor, Andrei |
| Advisor (committee member) |
Yaffe, Gideon Altman, Scott |
| Abstract | Lawmaking is - paradigmatically - a type of speech act: people make law by saying things. It is natural to think, therefore, that the content of the law is determined by what lawmakers communicate. However, it is sometimes vague what content they communicate, and even when it is clear, the content itself is sometimes vague. In my dissertation, I examine the nature and consequences of these two linguistic sources of indeterminacy in the law. I argue that vagueness in the law is sometimes a good thing, although its value should not be overestimated. I also propose a strategy for resolving borderline cases, which - if correct - sheds significant light on the debate about legal interpretation. |
| Keyword | interpretation; language; law; philosophy; vagueness |
| Language | English |
| Part of collection | University of Southern California dissertations and theses |
| Publisher (of the original version) | University of Southern California |
| Place of publication (of the original version) | Los Angeles, California |
| Publisher (of the digital version) | University of Southern California. Libraries |
| Provenance | Electronically uploaded by the author |
| Type | texts |
| Legacy record ID | usctheses-m |
| Rights | Asgeirsson, Hrafn |
| Access conditions | The author retains rights to his/her dissertation, thesis or other graduate work according to U.S. copyright law. Electronic access is being provided by the USC Libraries in agreement with the author, as the original true and official version of the work, but does not grant the reader permission to use the work if the desired use is covered by copyright. It is the author, as rights holder, who must provide use permission if such use is covered by copyright. The original signature page accompanying the original submission of the work to the USC Libraries is retained by the USC Libraries and a copy of it may be obtained by authorized requesters contacting the repository e-mail address given. |
| Repository name | University of Southern California Digital Library |
| Repository address | USC Digital Library, University of Southern California, University Park Campus MC 7002, 106 University Village, Los Angeles, California 90089-7002, USA |
| Repository email | cisadmin@usc.edu |
| Archival file | uscthesesreloadpub_Volume3/etd-Asgeirsson-576.pdf |
Description
| Title | Page 1 |
| Full text | VAGUENESS, LEGAL CONTENT, AND LEGAL INTERPRETATION by Hrafn Asgeirsson _______________________________________________________________________ A Dissertation Presented to the FACULTY OF THE USC GRADUATE SCHOOL UNIVERSITY OF SOUTHERN CALIFORNIA In Partial Fulfillment of the Requirements for the Degree DOCTOR OF PHILOSOPHY (PHILOSOPHY) May 2012 Copyright 2012 Hrafn Asgeirsson |
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