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10 - Fear of Open Form

Published online by Cambridge University Press:  20 April 2018

Lewis D. Sargentich
Affiliation:
Harvard Law School, Massachusetts
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Summary

The second premise of disorder accepted in the doing of liberal law is the premise of unsure concepts. This premise is an assumption about the condition of language in general communication outside law. According to the premise of unsure concepts, vagueness is a pervasive feature of common language outside law. Concepts and meanings of common language are open-ended, uncertain in reach. Vague categories are unsure in their grasp of the world. Their fields of operation are not marked by definite bounds. Uncertainty in aplication bespeaks openness of meaning. Alternative renderings of a vague item are equally available. Affliction with pervasive vagueness is a bad condition for liberal law. If classifications and distinctions used in law are no sharper than those of common language, then formal law will be irremediably indecisive. If law's rules are subject to the same infirmity that affects language outside law, then formal law will be similarly unsure in application to the world. Ordinary vagueness disables subsumption of particulars. It would bring formally rational classification of particulars to a point of impasse. When unable to categorize the uncategorized, formal legal argument will fail to secure nomological legality.
Type
Chapter
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Liberal Legality
A Unified Theory of Our Law
, pp. 142 - 152
Publisher: Cambridge University Press
Print publication year: 2018

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  • Fear of Open Form
  • Lewis D. Sargentich, Harvard Law School, Massachusetts
  • Book: Liberal Legality
  • Online publication: 20 April 2018
  • Chapter DOI: https://doi.org/10.1017/9781108673860.012
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  • Fear of Open Form
  • Lewis D. Sargentich, Harvard Law School, Massachusetts
  • Book: Liberal Legality
  • Online publication: 20 April 2018
  • Chapter DOI: https://doi.org/10.1017/9781108673860.012
Available formats
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Fear of Open Form
  • Lewis D. Sargentich, Harvard Law School, Massachusetts
  • Book: Liberal Legality
  • Online publication: 20 April 2018
  • Chapter DOI: https://doi.org/10.1017/9781108673860.012
Available formats
×