Publication details
Neurčitost jako vlastnost právních pojmů
| Title in English | Vagueness as an Attribute of Legal Concepts |
|---|---|
| Authors | |
| Year of publication | 2022 |
| Type | Article in Periodical |
| Magazine / Source | Ratio Publica : časopis o právní filosofii a ústavní teorii |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopisu |
| Keywords | vagueness; uncertainty; uncertain concepts; indeterminacy; methodology; semantics; pragmatics |
| Description | The scope of this article is to show vagueness (indeterminacy) as a natural character feature of legal text, which is essential for legal regulation. In the first part of the article, vagueness is analysed as a problem of law-making process. The lawmaker (legislative bodies) is the one who determines the semantic means of normative legal text. In the second part of the article, vagueness is depicted particularly from the point of view of adjudication (application of law). This is the problem of vague (uncertain, indeterminate) concepts used by the law. Therefore, in the article there are several cases which have been analysed as to present the attitude of supreme courts to the methodology of applying vague (indeterminate) quantitative concepts. Finally, the provoking question of the relation between the idea of vague (indeterminate) concept and an idea of a legal gap shall not be forgotten (a type of a gap intra legem). |