« Legal Theory Lexicon 050: Default Rules and Completeness | , a scholar of Constitutional law at Northeastern, but that doesn’t make it illegal. For example, the phrase "equal protection" in the 14th amendment of the United States Constitution might refer to a very general and abstract idea of equality. Vague language is used to allow freeway in the interpretation of the law. o Use of vague language: In the US constitution, it is vague and short. To what extent is the U.S. Constitution deliberately vague? Today, it is the Supreme Court that ultimately holds interpretive power over the famed document, but it hasn't always been that way. To find out more about our use of cookies and how to change your settings, please go to our And this last example, "cool" can be used to illustrate the fact that the same term can be both vague and ambiguous in the same context. freedom from unreasonable search and seizures. Construction allows legal actors (e.g., judges) to devise a supplementary rule or procedure that resolves the vagueness. A former White House aide, Fiona Hill, That’s the first option for recourse, though members of Congress haven’t used this power. Receive mail from us on behalf of our trusted partners or sponsors? Thus, a legal text may supply a vague standard ("freedom of speech"), but construction may yield a more particular rule ("no prior restraints"). Alex Frandsen, a Northeastern University senior, is gratified by the attention to his research, which suggests men running for president are covered more favorably than women. 1) A constitutional rule that requires criminal laws to state explicitly and definitely what conduct is punishable. Every law student is familiar with the strategies that are employed, which include case-by-case balancing tests, supplementary doctrines that provide bright-line rules to implement vague legal texts, and so forth. Vague language is used to allow freeway in the interpretation of, wrote newspaper to the various people and states and wrote the federalist, paper. In fact, most law students become very familiar with a variety of vague terms early in their law school careers. By requiring fair notice of what is punishable and what is not, vagueness doctrine also helps prevent arbitrary enforcement of the laws. I hope this Lexicon entry has clarified the distinction between these two concepts. The Constitution doesn’t require that the full House pass a resolution before the House committees start gathering evidence, he says. He's a troll and as long as people keep responding to his actual topics, he'll stick around. 9 For example, the word “jurisdiction” has the following definitions in two separate lexicons: jurisdiction, n: 1. a government’s general power to exercise authority over all persons and things within its territory; 2. a court’s power to decide a case or issue a Vague language is FUZZY, INEXACT or IMPRECISE, and hence gives rise to indeterminate cases in which it is difficult or impossible to tell whether the word or phrase applies. Some legal language general, abstract, and vague. D. It demonstrates how the Founding Fathers did not trust the common man One meaning of "cool" has to do with temperature, and in this sense, "cool" contrasts with "warm," "cold," and "hot." For a, public defender, they aren’t going to help all that much. You will receive a verification email shortly. Reiterating the complaint about your hijacking your own thread. While many of the issues we grapple with today have broad constitutional applications, the gray areas provide opportunities for deliberation and debate. Course Hero, Inc. Or is vagueness merely a feature of the imprecision of human language? "Tall" is not the sort of quality for which there are definite criteria that sort the world into "tall" things and "not tall" things. Some texts may be "open textured" and others may have multidimensional content with dimensions that are incommensurable. One needed to be. The Constitution doesn’t require that the full House pass a resolution before the House committees start gathering evidence, he says. For example, Go down the road a ways and then turn right is vague because “a ways” does not precisely explain how far one should go down the road. “A word is not a crystal, transparent and unchanged, it is the skin of a living thought and may vary greatly in color and content according to the circumstances and the time in which it is used.” — Oliver Wendell Holmes Many commenters on the Thirteenth Amendment, the draft, jury service, and compulsory road work … Double jeopardy- being charged for the same crime twice in the same court. A former White House aide, Fiona Hill, testified on Monday. Vague language is defined as words or phrases “which deliberately refer to people and things in a non-specific, imprecise way” (Carter & McCarthy, 2006, cited in Cutting, 2007).
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