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The sorites paradox and vagueness phenomena in the language of law

Mgr Sławomir Piekarczyk

University of Silesia


English abstract:
In order to make a legal text more flexible, the lawmaker is enacting in its content the vague predicates. Provisions with such predicates are applied by the courts that are forming their content in every specific case depending on the case facts. This paper’s purpose is to explain an issue of the vagueness, point out and compare the varieties of vagueness in legal texts specified by A. Marmor and T. Gizbert-Studnicki and at last try to apply law’s vague predicates – anchored and not anchored in definite numbers – to the sorites paradox which is immanently associated with the vagueness phenomena.

Keywords: vagueness, language of law, sorites paradox, weighing the rightness

Language: Polish

Received: 10.05.2016
Accepted: 23.12.2016

Published: Number 1(14)/2017, pp. 90-101.

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Filed Under: Articles Tagged With: language of law, Sławomir Piekarczyk, sorites paradox, vagueness, weighing the rightness

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realism electoral campaign intertextuality copyright civic participation law as a cultural subject professional role political crisis Friedrich A. Hayek Maciej Zieliński political theology egology Maciej Dybowski legal philosophy Michał Pawłowski antagonism Tomasz Bekrycht accountability of judges law-maiking Ludwig Wittgenstein conventionalism social engineering legal security Louis Althusser Zygmunt Bauman test of a reasonable sceptic Spanish law doxa Justyna Jezierska identification of procedural acts Stanley Fish politics of time political responsibility theory of legislation public morality self-realization Summa iniuria Constitutional Tribunal criminal law ethnocentrism justifications of judgments idealism application of law judicial discretion photographs professional roles of lawyer aesthetics Aleksandra Samonek Andrzej Malinowski law and ideology

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