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- Title
THE FALLACY OF LEGAL CERTAINTY: WHY VAGUE LEGAL STANDARDS MAY BE BETTER FOR CAPITALISM AND LIBERALISM.
- Authors
RABAN, OFER
- Abstract
The article discusses legal certainty and the impact of vague legal standards on capitalism and liberalism in the U.S. as of April 2010, focusing on an analysis of legal interpretation and the reported importance of clear legal rules and predictability. An examination of the crime of rape in several American jurisdictions is provided, including an assessment of the vagueness of the terms in the definition of the crime. Several legal cases are examined, along with the textualism legal theory.
- Subjects
UNITED States; LEGAL certainty; CAPITALISM; LIBERALISM; STATUTORY interpretation; VAGUENESS doctrine (Constitutional law); TEXTUALISM (Legal interpretation); RAPE laws; MICHIGAN. Supreme Court; U.S. states
- Publication
Boston University Public Interest Law Journal, 2010, Vol 19, Issue 2, p175
- ISSN
1077-0615
- Publication type
Article