Open Texture in Law, Legal Certainty and Logical Analysis of Natural Language

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Authors

HARAŠTA Jakub ŠAVELKA Jaromír

Year of publication 2015
Type Chapter of a book
MU Faculty or unit

Faculty of Law

Citation
Attached files
Description This paper uses logical analysis of natural language to analyse a dilemma every legislator faces. This dilemma presents itself as a gap between what is literally prescribed by a legal rule and what goal had the legislator in mind when enacting it. This dilemma is described in detail by using Hart's example of a rule prohibiting vehicles from entering the park. Then, we discuss how logical analysis of natural language could be used in order to mitigate, or at least assess, severity of the dilemma passed from a legislator to a decision maker.
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