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The authority of indeterminate law
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 obl...
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| Format: | Thesis |
| Language: | English |
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Department of Private Law
2022
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| _version_ | 1867613256919547904 |
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| access_status_str | Open Access |
| author | Du Plessis, Quentin |
| author2 | Fagan, Anton |
| author_browse | Du Plessis, Quentin Fagan, Anton |
| author_facet | Fagan, Anton Du Plessis, Quentin |
| author_sort | Du Plessis, Quentin |
| collection | Thesis |
| description | 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. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/36891 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:33:15.376Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2022 |
| publishDateRange | 2022 |
| publishDateSort | 2022 |
| publisher | Department of Private Law |
| publisherStr | Department of Private Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/36891 The authority of indeterminate law Du Plessis, Quentin Fagan, Anton Private Law 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. 2022-11-16T09:38:06Z 2022-11-16T09:38:06Z 2020 2022-10-27T12:01:42Z Master Thesis Masters LLM http://hdl.handle.net/11427/36891 eng application/pdf Department of Private Law Faculty of Law |
| spellingShingle | Private Law Du Plessis, Quentin The authority of indeterminate law |
| thesis_degree_str | Master's |
| title | The authority of indeterminate law |
| title_full | The authority of indeterminate law |
| title_fullStr | The authority of indeterminate law |
| title_full_unstemmed | The authority of indeterminate law |
| title_short | The authority of indeterminate law |
| title_sort | authority of indeterminate law |
| topic | Private Law |
| url | http://hdl.handle.net/11427/36891 |
| work_keys_str_mv | AT duplessisquentin theauthorityofindeterminatelaw AT duplessisquentin authorityofindeterminatelaw |