"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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