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Law, Language, and Legal Determinacy$
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Brian Bix

Print publication date: 1995

Print ISBN-13: 9780198260509

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198260509.001.0001

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Clear Cases

Clear Cases

(p.63) 3 Clear Cases
Law, Language, and Legal Determinacy

Brian Bix

Oxford University Press

Most of the writing about clear cases is not about sociology of chances of convergences but rather about language-based determinacy. Clear cases may give the appearance of a predictable or obvious nature and basis, but one can't deny a possible facade. A close analysis reveals a variety of problems. Other influences that can make a clear case unclear or a hard case easy includes the issue of speakers' intention, dialects and idiolects, context, community practices and assumption, views about justice, ideas about rule-application, as well as the issues of vagueness and ‘open texture’.

Keywords:   clear cases, language-based determinacy, idiolects, context, dialects, justice, rule-application, vagueness, open texture

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