Jump to ContentJump to Main Navigation

You are looking at 1-14 of 14 items

  • Keywords: open texture x
Clear All Modify Search

View:

Refinements and Extensions I: So-Called “Higher-Order Vagueness”

Stewart Shapiro

in Vagueness in Context

Published in print:
2006
Published Online:
January 2007
ISBN:
9780199280391
eISBN:
9780191707162
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199280391.003.0005
Subject:
Philosophy, Logic/Philosophy of Mathematics

Problems with the simplified account and some unnatural features of the model theory lead to refinements of the philosophical account, the model theoretic semantics, and perhaps the logic as well. ... More


The Nature of Vagueness: Humpty Dumpty Gets His Due

Stewart Shapiro

in Vagueness in Context

Published in print:
2006
Published Online:
January 2007
ISBN:
9780199280391
eISBN:
9780191707162
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199280391.003.0001
Subject:
Philosophy, Logic/Philosophy of Mathematics

This chapter provides a simplified account of how vagueness arises in language and is manifested in the use of language. It is a commonplace that the extensions of vague terms vary with such ... More


A Start on Model Theory

Stewart Shapiro

in Vagueness in Context

Published in print:
2006
Published Online:
January 2007
ISBN:
9780199280391
eISBN:
9780191707162
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199280391.003.0003
Subject:
Philosophy, Logic/Philosophy of Mathematics

This chapter provides a technical model theory, using the resources of mathematical logic, for vagueness in some formalized languages. The system has a similar structure to the supervaluationist ... More


H. L. A. Hart and the ‘Open Texture’ of Language

Brian Bix

in Law, Language, and Legal Determinacy

Published in print:
1995
Published Online:
March 2012
ISBN:
9780198260509
eISBN:
9780191682100
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260509.003.0002
Subject:
Law, Philosophy of Law

Both Hart and Weismann wrote on the existence of ‘open texture’ within the circumstantial gaps of human-flawed rules and practical perception. Weismann derived the term from his approach to ... More


Defeasibility and Open Texture *

Brian H. Bix

in The Logic of Legal Requirements: Essays on Defeasibility

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199661640
eISBN:
9780191745461
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199661640.003.0011
Subject:
Law, Philosophy of Law

This chapter examines the connections between these three notions: philosophical open texture, Hartian open texture, and defeasibility in legal reasoning. Section A begins by exploring the origins of ... More


If it’s clear, then it’s clear that it’s clear, or is it? Higher-order vagueness and the S4 axiom ⋆

Susanne Bobzien

in Episteme, etc.: Essays in Honour of Jonathan Barnes

Published in print:
2011
Published Online:
May 2012
ISBN:
9780199696482
eISBN:
9780191738036
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696482.003.0010
Subject:
Philosophy, Ancient Philosophy, Logic/Philosophy of Mathematics

This paper challenges some widespread assumptions about the role of the modal axiom S4 in theories of vagueness. In the context of vagueness, S4 usually appears as the principle ‘If it’s clear ... More


Meaning and Context

Stewart Shapiro

in Varieties of Logic

Published in print:
2014
Published Online:
September 2014
ISBN:
9780199696529
eISBN:
9780191784866
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696529.003.0005
Subject:
Philosophy, Logic/Philosophy of Mathematics

This chapter articulates a tentative thesis that the foregoing matter of meaning-shift, concerning the logical terminology, is itself context-sensitive, and, indeed, interest-relative. Whether the ... More


The Criteria for Statehood: Statehood as Effectiveness

JAMES CRAWFORD

in The Creation of States in International Law

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199228423
eISBN:
9780191714375
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199228423.003.0002
Subject:
Law, Public International Law

The criteria for statehood are of a special character, in that their application conditions the application of most other international laws. As a result, existing States have tended to retain for ... More


Ronald Dworkin's Right Answer Thesis

Brian Bix

in Law, Language, and Legal Determinacy

Published in print:
1995
Published Online:
March 2012
ISBN:
9780198260509
eISBN:
9780191682100
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260509.003.0005
Subject:
Law, Philosophy of Law

Ronald Dworkin's earlier work advocated that there exists a unique right answer for a vast majority of cases. However the nature of this ‘right answer thesis’ was a direct response to Hart's argument ... More


Vagueness in Law: Placing the Blame Where It’s Due

Diana Raffman

in Vagueness and Law: Philosophical and Legal Perspectives

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198782889
eISBN:
9780191826108
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198782889.003.0003
Subject:
Law, Philosophy of Law

Vagueness of language is commonly supposed to pose problems for the law insofar as it is a source of indeterminacy, and indeterminacy results in borderline or ‘hard’ cases. This chapter argues that ... More


Clear Cases

Brian Bix

in Law, Language, and Legal Determinacy

Published in print:
1995
Published Online:
March 2012
ISBN:
9780198260509
eISBN:
9780191682100
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260509.003.0004
Subject:
Law, Philosophy of Law

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 ... More


Second-Order Vagueness in the Law

Frederick Schauer

in Vagueness and Law: Philosophical and Legal Perspectives

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198782889
eISBN:
9780191826108
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198782889.003.0008
Subject:
Law, Philosophy of Law

Most of the philosophical literature on vagueness starts with the identification of the term whose vagueness is at issue—tall, short, night, day, bald, tadpole, etc. But in legal interpretation an ... More


The Meaning of Logical Terms

Stewart Shapiro

in Foundations of Logical Consequence

Published in print:
2015
Published Online:
June 2015
ISBN:
9780198715696
eISBN:
9780191783388
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198715696.003.0007
Subject:
Philosophy, Logic/Philosophy of Mathematics

This chapter explores the ramifications of a relativist view of logic with respect to the meanings of logical terms. It is a twist on the old question of whether classicists and intuitionists have ... More


Did the Athenian Courts Attempt to Achieve Consistency?: The Use of Precedents in Forensic Oratory

Edward M. Harris

in The Rule of Law in Action in Democratic Athens

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199899166
eISBN:
9780199369690
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199899166.003.0007
Subject:
Classical Studies, Ancient Greek, Roman, and Early Christian Philosophy

This chapter examines how the Athenians attempted to cope with law's “open texture,” that is, the potential ambiguity of statutes. Some scholars have claimed that the Athenian courts were not ... More


View: