What is legal indeterminacy?
Legal indeterminacy–the extent to which any particular legal theory cannot provide knowable answers to concrete problems- is one of the principal themes of modern jurisprudence.
Who has propounded the concept of indeterminacy?
This literary meaning of indeterminacy is often associated with deconstruction, the post-structuralist theory propounded by Jacques Derrida, and is best described as “a philosophically sceptical approach to the possibility of coherent meaning in language”.
What is legal realism in jurisprudence?
Legal realism is a naturalistic approach to law. It is the view that jurisprudence should emulate the methods of natural science, i.e., rely on empirical evidence. Hypotheses must be tested against observations of the world.
What is indeterminacy thesis?
The indeterminacy thesis emerged as a left reply to Ronald Dworkin’s “right answer” thesis. In its strongest form it is an extreme version of legal realism. It argues that nothing is law until it has been promulgated by an official – either a judge or the legislature.
What is an indeterminate situation?
Indeterminate situations are those in which a person finds conflict between current needs and realities. The indeterminacy can range from feeling cold to being puzzled about an historical event.
What is indeterminacy in structural analysis?
In statics and structural mechanics, a structure is statically indeterminate when the static equilibrium equations – force and moment equilibrium conditions – are insufficient for determining the internal forces and reactions on that structure.
What is legal realism vs positivism?
Positivists hold that many sources of law are binding, at least on judges. Legal realists hold that many sources are permissive only: even domestic statutes and cases often have little more authority than, e.g. a doctrine of foreign law.
Who is known as father of jurisprudence?
-Bentham is known as Father of Jurisprudence. Austin took his work further. Bentham was the first one to analyze what is law.
What is Quine’s problem?
The problem is that in the native language, there may be a different system of reference than in our language, and so there may be words that mean more than one thing, just as we have words that can have an exact referential meaning and a more “abstract singular term” at the same time (Quine 38).
What is the purpose of radical interpretation?
Radical interpretation is a matter of interpreting the linguistic behaviour of a speaker ‘from scratch’ and so without reliance on any prior knowledge either of the speaker’s beliefs or the meanings of the speaker’s utterances.
What are the 7 indeterminate forms?
Indeterminate Form
- Infinity over Infinity.
- Infinity Minus Infinity.
- Zero over Zero.
- Zero Times Infinity.
- One to the Power of Infinity.
What do you mean indeterminate?
Definition of indeterminate 1a : not definitely or precisely determined or fixed : vague. b : not known in advance. c : not leading to a definite end or result.
What is indeterminate structure with example?
A structure can be termed as indeterminate structure if it can not be solved by using the equations of equilibrium alone. Some examples of indeterminate structures are fixed-fixed beam, continuous beam, propped cantilever etc.
What is Determinacy of a structure?
A statically determinate structure is one that is stable and all unknown reactive forces can be determined from the equations of equilibrium alone. A statically indeterminate structure is one that is stable but contains more unknown forces than available equations of equilibrium.
What is the difference between positivism and Interpretivism?
Positivism and Interpretivism are the two basic approaches to research methods in Sociology. Positivist prefer scientific quantitative methods, while Interpretivists prefer humanistic qualitative methods.
What is the difference between Interpretivism and critical realism?
In the case of interpretivism, critical realism shares the same view that social phenomena are concept-dependent and need interpretive understanding. However, unlike interpretivism, it does not exclude causal explanation (Sayer 2000).
What are the 3 schools of jurisprudence?
Philosophical school or Natural law. Analytical school. Historical school. Sociological school.
What are the 5 schools of law?
They are:
- The positivist school.
- The pure theory of law.
- Natural Law School.
- Historical school.
- Sociological School.
- Utilitarian School.
- Functional School.
- Realist School.
What is Quine’s argument about confusing meaning with naming?
For Quine, a second objection to the ontology of ‘Wyman’ and ‘Mc X is that it rests on the fallacy of equating meaning and naming. Such a philosophy presumes that if a singular term is meaningfully used it must name something, that there must be something for the name to designate or refer to.
What is radical indeterminacy?
Radical indeterminacy is a Harrisian technical term, attested in the integrationist literature since the 1980s (e.g. Love, 1990, Harris, 1998, Harris and Hutton, 2007, Harris, 2009a). The term as used by integrationists, however, has no connection with W.V.O. Quine’s ‘radical indeterminacy thesis’.
What happened to the indeterminacy thesis?
In the 1990s the indeterminacy thesis came under heavy attack by liberal and conservative defenders of the rule of law, and the debate, though its mantle is in the process of being taken up by a new generation of scholars, has left the intellectual spotlight for the time being.
What is indeterminacy of translation?
Indeterminacy of translation also applies to the interpretation of speakers of one’s own language, and even to one’s past utterances. This does not lead to skepticism about meaning – either that meaning is hidden and unknowable, or that words are meaningless.
What is the indeterminacy debate in legal theory?
The indeterminacy debate in legal theory can be summed up as follows: Can the law constrain the results reached by adjudicators in legal disputes? Some members of the critical legal studies movement — primarily legal academics in the United States — argued that the answer to this question is “no.”
What does Quine mean by indeterminacy of translation?
In Quine’s view, the indeterminacy of translation leads to the inability to separate analytic statements whose validity lies in the usage of language from synthetic statements, those that assert facts about the world.