The authority of indeterminate law
| dc.contributor.advisor | Fagan, Anton | |
| dc.contributor.author | Du Plessis, Quentin | |
| dc.date.accessioned | 2022-11-16T09:38:06Z | |
| dc.date.available | 2022-11-16T09:38:06Z | |
| dc.date.issued | 2020 | |
| dc.date.updated | 2022-10-27T12:01:42Z | |
| dc.description.abstract | In this dissertation I identify various sources of legal indeterminacy and scrutinize the functions that indeterminacy can play in law. In particular, I focus on the authority of indeterminate law: how it can be that laws of which it is not clear which obligations they impose, nonetheless impose obligations. I argue that there are more sources of legal indeterminacy than is commonly assumed in the literature, and that the role that context plays in the occurrence, functionality and authority of indeterminate legal norms has been largely overlooked. I argue further that indeterminate legal norms can be authoritatively binding just so long as we accept that the nature of the obligation imposed by the norm changes according to whether the legal norm generates a hard case as applied to a particular context. | |
| dc.identifier.apacitation | Du Plessis, Q. (2020). <i>The authority of indeterminate law</i>. (). ,Faculty of Law ,Department of Private Law. Retrieved from http://hdl.handle.net/11427/36891 | en_ZA |
| dc.identifier.chicagocitation | Du Plessis, Quentin. <i>"The authority of indeterminate law."</i> ., ,Faculty of Law ,Department of Private Law, 2020. http://hdl.handle.net/11427/36891 | en_ZA |
| dc.identifier.citation | Du Plessis, Q. 2020. The authority of indeterminate law. . ,Faculty of Law ,Department of Private Law. http://hdl.handle.net/11427/36891 | en_ZA |
| dc.identifier.ris | TY - Master Thesis AU - Du Plessis, Quentin AB - In this dissertation I identify various sources of legal indeterminacy and scrutinize the functions that indeterminacy can play in law. In particular, I focus on the authority of indeterminate law: how it can be that laws of which it is not clear which obligations they impose, nonetheless impose obligations. I argue that there are more sources of legal indeterminacy than is commonly assumed in the literature, and that the role that context plays in the occurrence, functionality and authority of indeterminate legal norms has been largely overlooked. I argue further that indeterminate legal norms can be authoritatively binding just so long as we accept that the nature of the obligation imposed by the norm changes according to whether the legal norm generates a hard case as applied to a particular context. DA - 2020_ DB - OpenUCT DP - University of Cape Town KW - Private Law LK - https://open.uct.ac.za PY - 2020 T1 - The authority of indeterminate law TI - The authority of indeterminate law UR - http://hdl.handle.net/11427/36891 ER - | en_ZA |
| dc.identifier.uri | http://hdl.handle.net/11427/36891 | |
| dc.identifier.vancouvercitation | Du Plessis Q. The authority of indeterminate law. []. ,Faculty of Law ,Department of Private Law, 2020 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/36891 | en_ZA |
| dc.language.rfc3066 | eng | |
| dc.publisher.department | Department of Private Law | |
| dc.publisher.faculty | Faculty of Law | |
| dc.subject | Private Law | |
| dc.title | The authority of indeterminate law | |
| dc.type | Master Thesis | |
| dc.type.qualificationlevel | Masters | |
| dc.type.qualificationlevel | LLM |