Obscurity and Clarity in the Law: Prospects and Challenges

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Anne Wagner, Sophie Cacciaguidi-Fahy
Ashgate Publishing, Ltd., Jan 1, 2008 - Law - 262 pages
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Exploring the intricate and multi-dimensional conception of clarity and obscurity in law, this volume presents and examines the most recent research and theories. It provides practical guidance on how to avoid obscurity in legal drafting, as well as legal interpretation at both the national and international levels.
  

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Contents

The Chiaroscuro of Legal Language
1
Objectivity and Subjectivity in Interpretation
25
Rules and Statements
39
Judicial Needlework
69
Customising The Model Law on International Commercial Arbitration
89
Is The Chinese Legal Language more Ambiguous and Vaguer?
109
Conceptual and Textual Structure in Legislative Texts
129
The Swedish Approach to Clear Legislation and Clear Official Texts
165
What How When and Why Making Laws Easier to Understand
181
Bibliography
235
Index
252
Copyright

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About the author (2008)

Anne Wagner, PhD, is an assistant professor in the Department of Sociology and cross-appointed to Child and Family Studies at Nipissing University. Her areas of research focus on gender, race and (higher) education, critical pedagogies and violence against women

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