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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

Chapter:
(p.63) 3 Clear Cases
Source:
Law, Language, and Legal Determinacy
Author(s):

Brian Bix

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198260509.003.0004

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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