Vagueness in Law

Question 1

What is the Sorites Paradox?

Answer 1

If you remove one grain of sand from a heap, it does not stop being a heap. So if you keep removing them until there’s no left, the heap doesn’t stop being a heap.

Question 2

How can we apply the Sorites Paradox to law?

Answer 2

Vague laws create borderline cases, borderline cases lead to a Sorites Series in which either everyone or no-one is guilty.

Question 3

What are the ramifications of the Sorites Paradox in law? What can the judge not do?

Answer 3

Apply the law to resolve indeterminate cases. They must seemingly work only on discretion.

Question 4

Give two troublingly vague restrictions on the Free Speech article of the Human Rights Act.

Answer 4

• for the protection of health and morals

* for the prevention of disorder or crime

Question 5

Give the troublingly vague types of messages that are prohibited under the Communications Act 2003.

Answer 5

• grossly offensive
• indecent
• obscene
• menacing

Question 6

Why is vagueness in law such a problem for the public?

Answer 6

Because they may be breaking a law without knowing, owing to the vagueness of the legislation (guidance).

Question 7

What does Dworkin argue about vague laws?

Answer 7

That they aren’t necessarily vague at all

Question 8

What types of value do precise laws have?

Answer 8

Guidance Value

Process Value

Question 9

Explain the Guidance Value and the Process Value of a precise speed limit.

Answer 9

Guidance Value: drivers know how fast they can go.

Process Value: speed cameras can be calibrated to that speed

Question 10

Give an example of how a precise rule can actually be arbitrary.

Answer 10

The legal voting age. Why is 18 specifically chosen. This seems arbitrary.

Question 11

In terms of arbitrariness, what do law-makers have to weigh up when making laws?

Answer 11

Whether the arbitrariness of precision would be worse than the arbitrariness of vagueness.

Question 12

Give an example of when the arbitrariness of precision would be worse than the arbitrariness of vagueness.

Answer 12

Setting time limits for criminal processes. Eg. they can only last 7 months. This is too precise and arbitrary.

Question 13

Give an example of when the arbitrariness of vagueness would be worse than the arbitrariness of precision.

Answer 13

Setting legal voting ages to something like “when the person is mature”. The guidance and process value would severely decrease.

Question 14

What types of value do vague laws have?

Answer 14

Fidelity Value
Power Allocation Value
Private Ordering Value

Question 15

Why is precision often impossible in negligency liability laws?

Answer 15

because of the sheer amount of ways in which people can create more or less unreasonable risks to other people.

Question 16

In terms of allowing judicial discretion, the ____ function of vagueness is a negative correlative of the _____ value function of precision.

Answer 16

The Power Allocation function of vagueness is a negative correlative of the Process value function of precision.

Question 17

In relations to the persons subject to the law, the ____ function of vagueness is a negative correlative of the _____ value function of precision.

Answer 17

The Private Ordering value function of vagueness is a negative correlative of the Guidance value function of precision.

Question 18

Explain the Private Ordering value of a vague law regarding neglecting a child.

Answer 18

The law would be vague so that the parent couldn’t get away with doing the bare minimum and no more. They would be uncertain about what counts as neglect.

Question 19

Explain the Power Allocation value of a vague law regarding neglecting a child.

Answer 19

The law would be vague so that social services and the court could have more discretion over what counts as neglect.

Question 20

A law designed to readdress unfairly high settlement costs states that high earners must pay “sufficiently and proportionally” more in civil settlements. Explain the Fidelity Value of the law.

Answer 20

The vagueness of what is sufficient and proportional would allow the courts to choose payments that would be fairest in each case, thus following the original purposes of the law.