Essays on open-endedness in law (PDF)

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This book is a must-read for those who wish to inquire into how law (or regulation in general) can generate arbitrariness, even a spiral of illegitimacy. This collection of essays does not only address the problem of open-endedness; it also delves into the concept of ‘natural’ which permeates our lives.  

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Description

THE BOOK: The theme of this book is open-endedness. Open-endedness — which is a type of vagueness — is a crucial philosophical issue profoundly affecting life in society. Open-endedness is an uncared-for matter whilst it should be a foremost concern for citizens and regulators. Because open-endedness may generate arbitrariness and impair liberty, it needs to be tackled urgently and efficaciously. This sylloge offers real-life illustrations and schemes allowing to comprehend the problem of open-endedness in law.

The essays included:

1) WHEN LAW NEEDS ‘PLENIFICATION’

The essay deals with open-endedness in a European Union measure (secondary law), and shows how law can unjustifiably be convoluted and include empty obligations, thus rendering it extremely distant from the archetype of law (Law).

Abstract: Vagueness has been much studied. However, certain of its features have not been examined enough. The facts that uncertainty is inherent to language and that law is often vague are not a justification for unconditionally accepting all forms of vagueness. With an unconditional acceptance of vagueness arbitrariness may emerge.

Law, though made according to necessary control processes, may well need ‘plenification’ (concept created by the author) while giving a contrary appearance. Because it is deceptive, open-endedness needs to be examined and schematised so it will not be used. The essay resorts to compelling examples extracted from a EU piece of legislation, which have been redflagged by other commentators. A strength of the essay is the manifestation of a concrete and profound chain of possibly noxious consequences.

2) THE NOTE ON OPEN-ENDEDNESS in constitutional law displays that open-endedness is not restricted to secondary law, but also affects primary law.

3) ON THE NECESSITY TO PROPERLY DEFINE THE TERM NATURAL AND ITS BY-PRODUCTS shows another practical instance of open-endedness.

This essays is also crucial for its definition of ‘natural’. The definition goes back to the origin of the word ( Proto-Indo European and Old Greek) and shows that in-depth reflection is crucial otherwise regulation may have tremendous consequences.

Abstract: Defining is the basis for constructing our society, since words significantly contribute to shaping it. Defining the term ‘natural’ has consequences on how we produce goods, on how we treat species, and on how we treat ourselves. Yet, the terms ‘natural’ and ‘organic’ (a by-product of the term ‘natural’) are often mishandled, or even undefined by legislators or market players.

This essay provides a reflection on the meaning of natural and its by-products, and comprises an analysis of the specific context of cosmetics. The essay also addresses open-endedness.

The pdf version of the book is not printable.

 

How you can cite the book: Émilie Ciclet, Essays on open-endedness in law, publisher: Émilie Ciclet, Tallinn, 2019, ISBN 978-9949-01-388-3.