Neurčitosť v práve
Vagueness in Law
Author(s): Eduard BáránySubject(s): Philosophy of Law
Published by: Masarykova univerzita nakladatelství
Keywords: Indeterminacy in Law; Void for Vagueness; Interpretation of Law; Legal System.
Summary/Abstract: Law strives for determinacy, but it is unavoidable indeterminate and particularly vague. Some of it’s vagueness is caused by vagueness of natural language, but some parts of any legal system are inherently vague (legal principles). There is a special kind of vagueness caused by the complexity of legal systems. A practical solution of the vagueness problem has been formulated by P. Heck in 1913. His model of the meaning of any legal concept (core – periphery – not belonging) is still used in interpretation of law. The indeterminacy in law influences the functioning of a legal system; in some amount it is usefull for it, but it endangers the predictability of the application of law.
Journal: Časopis pro právní vědu a praxi
- Issue Year: 25/2017
- Issue No: 4
- Page Range: 599-612
- Page Count: 14
- Language: Slovak