open-texture

open-texture

in jurisprudence a term that describes the phenomenon that legal rules, being a function of language, are similarly subject to constant deferral of meaning. For those subscribing to HARTIAN JURISPRUDENCE, this is explained by accepting that words have a core of certainty and a penumbra of uncertainty. This is said to be consonant with (one of) the linguistic philosophy of Wittgenstein. Modern linguistic philosophers such as Derrida or Barthès probably would find the core of certainty uncertain.
References in periodicals archive ?
(44) I am using the phrase "open-texture" in a stipulated sense that encompasses to include (but not necessarily limited to) the following: (1) terms that express family resemblance concepts; (2) terms that express multi-criterial concepts where the criteria are incommensurable; and (3) terms that express concepts that involve multi-dimensional vagueness.
| Seed that is not for immediate sowing should be spread out to become surface dry and then stored in open-texture bags in a cool, dry, well-ventilated place.
The 'open-texture' of language is a challenge that is not widely considered by black-letter legal practice, but is the core problem, some would say, for jurisprudence.
With respect to the concern that standards as defaults increase the risk of moral hazard, Professors Gillette and Scott concede that contracting parties themselves often choose to incorporate into their contracts vague, open-texture terms requiring ex post specification.
I call this open-texture, borrowing the term from ...
Besides the open-texture thesis and his contextualism, Shapiro advances 1) the principle of tolerance leaning on Crispin Wright's concept of tolerance, and 2) the judgment-dependence of borderline sentences.
Moreover, Shapiro adds a Kripke-structure to the system in order to have a more adequate model of the open-texture view of vagueness.
Shapiro's main philosophical claim is the open-texture thesis.