Kamis, 17 Mei 2012

ambiguity and vagueness


"ambiguity" and "vagueness" are two important concepts for the theory of interpretation.  Some legal texts are ambiguous--they can have two or more distinct meanings.  And some legal texts are vague--they use concepts that have indefinite application to particular cases.  And some legal texts are both vague and ambiguous--they have multiple meanings, some (or all) of which have indefinite applications.  Therefore knowing "vagueness" and "ambiguity" are basic concepts in the theory of interpretation.
  A word is ambiguous if it has several distinct senses.
  Example 1 (English):
1.      I built a run for my chickens.
2.      I go for a run before work.
3.      I hit a home run during the cricket match.
Note: - 2 & 3 both involve the physical act of running.
-      Example 1 has a specialised meaning

  In context, a word can seem to have several distinct senses. Some may appear more related than others.

...and for another example:
  There’s a mole in my garden
  mole1 = small, furry animal living underground
  There’s a mole in the CIA
  mole2 = a spy
-      We can say that mole is 2-ways ambiguous
-      So run is 2-ways ambiguous (2 senses)
-              Ambiguity:
o        In this case, the context will select one of the meanings/senses
o        We often don’t even notice ambiguity, because context clarifies the intended meaning.
-              Vagueness:
o        Context adds information to the sense.
o        Therefore the sense of the word itself doesn’t contain all the information.
o        It is underspecified.
Tests for ambiguity and vagueness
  There are some tests to decide whether meaning distinctions involve ambiguity or vagueness.
  The do-so test of meaning identity
  The synonymy or sense-relations test
  The do-so test:
-       I ate a sandwich and Mary
  The do-so construction is interpreted as identical to the preceding verb phrase
-      I made a run and so did Priscilla
  If “I made a run” = “I ran”, then Priscilla cannot have made a run for her chickens...
  So, again, these are two distinct senses of run.
  ambiguity (several word senses) and vagueness (single sense, with slight variations in context)
The sense relations test
  Basic principle:
  Words exhibit synonymy or similarity of meaning to other words.
  Therefore, if a word is ambiguous, we can substitute it for a similar word in the same context, and see if the meaning stays roughly  the same.
Sense relations examples
i.e:
- I go for a run every morning.
  - I go for a jog every morning.
run1 = physical act of running (similar word: jog)

However it cannot be :
·         I go for an enclosure every morning.
run2 = a closed space for animals (similar word: enclosure)
We can’t substitute one set of words for another and still keep the same meaning.

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