Vagueness, interpretation, and the law

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Abstract

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.

Original languageEnglish
Pages (from-to)193-214
Number of pages22
JournalLegal Theory
Volume15
Issue number3
DOIs
Publication statusPublished - Sept 2009

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