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A law can also be "void for vagueness" if it imposes on First Amendment freedom of speech, assembly, or religion. The "void for vagueness" legal doctrine does not apply to private law (that is, laws that govern rights and obligations as between private parties), only to laws that govern rights and obligations vis-a-vis the government.
[44] [57] However, the understanding built by the surrounding case law has been largely dismissive of vagueness challenges. For instance, in Hamling v. United States (1974), the Supreme Court would uphold section 1461 by adopting a saving construction that conformed the section with the Miller test .
A degree of overlap is to be expected as there are some factors, such as vagueness, which are to be considered in multiple sections. If the legislation fails any of the above branches, it is unconstitutional. Otherwise the impugned law passes the Oakes test and remains valid. Since Oakes, the test has been modified slightly. [6]
On one set of theories of vagueness, it is indeterminate how many heaps or hairs are required. Perhaps our language simply does not specify a sharp boundary. In the small-improvement argument, the incomparability as vagueness view might say that it is indeterminate whether banking is better or worse than philosophy, or precisely equally good.
Statutory interpretation first became significant in common law systems, of which historically England is the exemplar. In Roman and civil law, a statute (or code) guides the magistrate, but there is no judicial precedent.
Ethics cannot be based on the authoritative certainty given by mathematics and logic, or prescribed directly from the empirical findings of science. She states: "Since we do not succeed in fleeing it, let us, therefore, try to look the truth in the face. Let us try to assume our fundamental ambiguity.
The Ethics of Ambiguity (French: Pour une morale de l'ambiguïté) is Simone de Beauvoir's second major non-fiction work. It was prompted by a lecture she gave in 1945, where she claimed that it was impossible to base an ethical system on her partner Jean-Paul Sartre 's major philosophical work Being and Nothingness ( French : L'Être et le ...
Vagueness is a form of uncertainty where the analyst is unable to clearly differentiate between two different classes, such as 'person of average height' and 'tall person'. This form of vagueness can be modelled by some variation on Zadeh 's fuzzy logic or subjective logic .