The Variable Determinacy Thesis
- The Variable Determinacy Thesis
- Surden, Harry
- Permanent URL:
- Book/Journal Title:
- Columbia Science and Technology Law Review
- This Article proposes a novel technique for characterizing the relative determinacy of legal decision-making. I begin with the observation that the determinacy of legal outcomes varies from context to context within the law. To augment this intuition, I develop a theoretical model of determinate legal decision-making. This model aims to capture the essential features that are typically associated with the concept of legal determinacy. I then argue that we can use such an idealized model as a standard for expressing the relative determinacy or indeterminacy of decision-making in actual, observed legal contexts. From a legal theory standpoint, this approach — separating determinacy and indeterminacy into their constituent conceptual elements — helps us to more rigorously define these theoretical ideas. Ultimately, from a practical standpoint, I assert that this framework assists in understanding why legal outcomes in certain contexts are determinate enough to be amenable to resolution by computers.
- Item views: