The law is underdeterminate with respect to a given case if and only if the set of legally acceptable outcomes is a nonidentical subset of the set of all possible results. The law is indeterminate with respect to a given case if the set of legally acceptable outcomes is identical with the set of all possible results .
What is Indeterminacy law?
A given body of legal doctrine is said to be “ indeterminate” by demonstrating that every legal rule in that body of legal doctrine is opposed by a counterrule that can be used in a process of legal reasoning.
What is the Indeterminacy issue?
The indeterminacy problem is posed as a kind of paradox in the study of the sociology and history of science. It is often used as an argument against the rational value of scientific thought .
What do legal realists believe?
Legal realists believe that legal science should only investigate law with the value-free methods of natural sciences , rather than through philosophical inquiries into the nature and meaning of the law that are separate and distinct from the law as it is actually practiced.
Is the law indeterminate?
The law is indeterminate insofar as any outcome can be justified on the basis of the Class; the law is underdeterminate insofar as more than one, but not simply any, outcome can be justified on the basis of the Class.
What according to Dworkin is the difference between rules and principles?
According to Dworkin, The difference between legal principles and legal rules is a logical distinction . Both sets of standards point to particular decisions about legal obligation in particular circumstances, but they differ in the character of the direction they give. Rules are applicable in an all-or-nothing fashion.
What do you mean by indeterminacy?
uncountable noun. The indeterminacy of something is its quality of being uncertain or vague .
What is the difference between formalism and realism?
The major differences between Formalist and Realist film theories are the pacing and the focus . ... Realist films were made popular by the Lumiere brothers, who documented their surroundings. These Realist films, or “actualities” as they were called, were thus in a sense early forms of documentaries.
What is the difference between legal formalism and legal realism?
Formalism has been called “the official theory of judging”, and its antithesis is legal realism . ... This descriptive conception of “legal formalism” can be extended to a normative theory, which holds that judges should decide cases by the application of uncontroversial principles to the facts.
What is the difference between legal positivism and legal realism?
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.
What are Dworkin’s principles?
Dworkin’s theory is “interpretive”: the law is whatever follows from a constructive interpretation of the institutional history of the legal system. Dworkin argues that moral principles that people hold dear are often wrong , even to the extent that certain crimes are acceptable if one’s principles are skewed enough.
What does Dworkin mean by the law as integrity?
This theory – ‘law as integrity’ – describes legal interpretation essentially as follows: the legal interpreter first arrives at a set of moral principles that fit the ‘institutional legal materials’ and put them in their best light ; and then, using those principles, the interpreter establishes the correct legal rights ...
What is the exact definition of a rule?
Full Definition of rule
(Entry 1 of 2) 1a : a prescribed guide for conduct or action . b : the laws or regulations prescribed by the founder of a religious order for observance by its members. c : an accepted procedure, custom, or habit.
What does quantum indeterminacy say?
The fundamental condition of existence, supported by all empirical evidence , in which an isolated quantum system, such as a free electron, does not possess fixed properties until observed in experiments designed to measure those properties.
What does indeterminate mean in medical terms?
If you have been tested for HIV infection, you may be told that the result is ‘indeterminate’, ‘equivocal’ or ‘ invalid ‘. This means the test result is unclear. Another test needs to be done. ... Indeterminate results can also occur in people following recent HIV infection, because their immune response is still developing.
