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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.
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]
Legal moralism is the theory of jurisprudence and the philosophy of law which holds that laws may be used to prohibit or require behavior based on society's collective judgment of whether it is moral. It is often given as an alternative to legal liberalism, which holds that laws may only be used to the extent that they promote liberty. [1]
Open texture is a term in the philosophy of Friedrich Waismann, first introduced in his paper Verifiability to refer to the universal possibility of vagueness in empirical statements. He had coined the phrase “Die Porosität der Begriffe” ('the porosity of concepts') for this purpose and credits William Kneale for suggesting the English ...
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 .
Vagueness and Degrees of Truth is a 2008 book by Nicholas J. Smith, in which the author examines vagueness based on the idea of "degrees of truth". It means that although some sentences are true and some are false, others possess intermediate truth values. In other words, some sentences are truer than the false sentences, but not as true as the ...
In philosophy, the idea has proved particularly appealing in the case of vagueness. Degrees of truth is an important concept in law. The term is an older concept than conditional probability. Instead of determining the objective probability, only a subjective assessment is defined.
Vagueness is commonly diagnosed by a predicate's ability to give rise to the Sorites paradox. Vagueness is separate from ambiguity, in which an expression has multiple denotations. For instance the word "bank" is ambiguous since it can refer either to a river bank or to a financial institution, but there are no borderline cases between both ...