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This volume explores how vagueness matters as a specific problem in the context of theories that are primarily about something else. After an introductory chapter on the Sorites paradox, which exposes the various forms the paradox can take and some of the responses that have been pursued, the book proceeds with a chapter on vagueness and metaphysics, which covers important questions concerning vagueness that arise in connection with the deployment of certain key metaphysical notions. Subsequent chapters address the following: vagueness and logic, which discusses the sort of model theory that is suggested by the main, rival accounts of vagueness; vagueness and meaning, which focuses on contextualist, epistemicist, and indeterminist theories; vagueness and observationality; vagueness within linguistics, which focuses on approaches that take comparison classes into account; and the idea that vagueness in law is typically extravagant and that extravagant vagueness is a necessary feature of legal systems.
If you keep removing single grains of sand from a heap, when is it no longer a heap? From discussions of the heap paradox in classical Greece, to modern formal approaches like fuzzy logic, Timothy Williamson traces the history of the problem of vagueness. He argues that standard logic and formal semantics apply even to vague languages and defends the controversial, realist view that vagueness is a form of ignorance - there really is a grain of sand whose removal turns a heap into a non-heap, but we can never know exactly which one it is.
Vague expressions are omnipresent in natural language. As such, their use in legal texts is virtually inevitable. If a law contains vague terms, the question whether it applies to a particular case often lacks a clear answer. 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 places judges in the position to decide impartially. 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 last 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 vagueness in law 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 in part 2 suggest that the greater awareness to different vagueness phenomena can make lawyers aware of specific issues and solutions so far overlooked. The third part deals with the pragmatic aspects of vagueness in law, providing answers to the question of how to deal with vagueness in law and with the professional, political, moral, and ethical issues such vagueness gives rise to.
Vagueness is a subject of long-standing interest in the philosophy of language, metaphysics, and philosophical logic. Numerous accounts of vagueness have been proposed in the literature but there has been no general consensus on which, if any, should be be accepted. Kit Fine here presents a new theory of vagueness based on the radical hypothesis that vagueness is a "global" rather than a "local" phenomenon. In other words, according to Fine, the vagueness of an object or expression cannot properly be considered except in its relation to other objects or other expressions. He then applies the theory to a variety of topics in logic, metaphysics and epistemology, including the sorites paradox, the problem of personal identity, and the transparency of mental phenomenon. This is the inaugural volume in the Rutgers Lectures in Philosophy series, presenting lectures from the most important contemporary thinkers in the discipline.
Blurred boundaries between the normal and the pathological are a recurrent theme in almost every publication concerned with the classification of mental disorders. Yet, systematic approaches that take into account discussions about vagueness are rare. This volume is the first in the psychiatry/philosophy literature to tackle this problem.
Under the emerging void-for-vagueness doctrine, a law lacking precision can be declared invalid. In this, the first book published on the subject, Marc Ribeiro offers a balanced analysis of this doctrine and its application in the context of the Canadian constitution. Taking as its starting point a cogent analysis of the fundamental concepts of "legality" and the "rule of law," Limiting Arbitrary Power undertakes a specific study of the contents of the vagueness doctrine. Dr. Ribeiro presents an in-depth exploration of the courts' current approach, and suggests how it may be refined in the future. In that regard, he proposes techniques for legislative drafting in which certainty could be enhanced without compromising the flexibility required in law. Acknowledging that to date, the doctrine has yet to be granted an autonomous status for invalidating legislation, he also examines in detail the possible situations in which vagueness may become applicable under the Charter. An important addition to Canadian law libraries, Limiting Arbitrary Power will be eagerly received by legal professionals, legislators, and scholars of constitutional law and legal theory.
This Handbook surveys the contemporary state of the burgeoning field of metaethics. Forty-four chapters, all written exclusively for this volume, provide expert introductions to: the central research programs that frame metaethical discussions the central explanatory challenges, resources, and strategies that inform contemporary work in those research programs debates over the status of metaethics, and the appropriate methods to use in metaethical inquiry This is essential reading for anyone with a serious interest in metaethics, from those coming to it for the first time to those actively pursuing research in the field.
This book aims to address a gap in the existing literature on the relationship between vagueness and ambiguity, as well as on their differences and similarities, both in synchrony and diachrony, and taking into consideration their relation to language use. The book is divided into two parts, which address specific and broader research questions from different perspectives. The former part examines the differences between ambiguity and vagueness from a bird-eye perspective, with a particular focus on their respective functions and roles in language change. It also presents innovative linguistic resources and tools for the study of these phenomena. The second part contains case studies on vagueness and ambiguity in language change and use. It considers different strategies and languages, including English, French, German, Italian, Medieval Latin, and Old Italian. The readership for this volume is broad, encompassing scholars in a range of disciplines, including pragmatics, spoken discourse, conversation analysis, discourse genres (political, commercial, notarial discourse), corpus studies, language change, pragmaticalization, and language typology.
A powerful comparative study of the main theories of vagueness, first published in 2000.
This unique anthology of new, contributed essays offers a range of perspectives on various aspects of ontic vagueness. It seeks to answer core questions pertaining to onticism, the view that vagueness exists in the world itself. The questions to be addressed include whether vague objects must have vague identity, and whether ontic vagueness has a distinctive logic, one that is not shared by semantic or epistemic vagueness. The essays in this volume explain the motivations behind onticism, such as the plausibility of mereological vagueness and indeterminacy in quantum mechanics and they offer various arguments both for and against ontic vagueness; onticism is also compared with other, competing theories of vagueness such as semanticism, the view that vagueness exists only in our linguistic representation of the world. Gareth Evans’s influential paper of 1978, “Can There Be Vague Objects?” gave a simple but cogent argument against the coherence of ontic vagueness. Onticism was subsequently dismissed by many. However, in recent years, researchers have become aware of the logical gaps in Evans’s argument and this has triggered a new wave of interest in onticism. Onticism is now widely regarded as at least a coherent view. Reflecting this growing consensus, the present anthology for the first time puts together essays that are focused on onticism and its various facets and it fills in the lacuna in the literature on vagueness, a much-discussed subject in contemporary philosophy.