Regulatory Innovation: A Comparative Analysis

Categories Philosophy

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Language: English

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This indeterminacy arises, on the Realist argument, from the fact that there exist equally proper but conflicting ways of interpreting authoritative sources of law (like statutes and prior court decisions) such that the same source can yield conflicting rules (think of Llewellyn on the canons of statutory construction and the strict and loose view of precedent). (Jerome Frank is an exception to this generalization, since he thought the crux of indeterminacy in legal reasoning resided in the latitude judges have in characterizing the facts of the case in terms of their legal significance, and so he thought intedeterminacy was pervasive.

Pages: 240

Publisher: Edward Elgar Publishing (December 27, 2006)

ISBN: 1847201954

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