What does H.L.A. Hart's idea of the open texture of law refer to?
Correct answer: A. The unavoidable uncertainty of some legal language at its margins
- A. The unavoidable uncertainty of some legal language at its margins
- B. The absence of any recognised sources of law
- C. The complete freedom of judges to ignore legal rules
- D. The requirement that all laws be publicly debated
Explanation
Legal language has a settled core but uncertain borderline cases because facts and language cannot be predicted completely. In such cases, judges may need to exercise limited discretion when applying existing rules.
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About Jurisprudence
Jurisprudence examines the nature, purpose and sources of law through the ideas of justice, rights, duties, sovereignty, liability and legal personality. It compares natural law, analytical positivism, historical, sociological and realist approaches, and considers how courts interpret legal rules, distinguish law from morality and resolve conflicts between competing principles.
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