What is meant by an open textured concept?
‘Open texture’ is the property of concepts or terms that they are not fully defined with regard to unexpected questions. Even though it is a ubiquitous phenomenon, there is no consensus on which concepts are subject to open texture.
What is an open textured words?
in jurisprudence a term that describes the phenomenon that legal rules, being a function of language, are similarly subject to constant deferral of meaning. For those subscribing to HARTIAN JURISPRUDENCE, this is explained by accepting that words have a core of certainty and a penumbra of uncertainty.
What does open texture mean in food?
1Of a substance: having a texture that is loose or open; porous. 2Philosophy. Unable to be fully or precisely defined.
Who argues that language has open texture words rules have number of clear meaning?
H. L. A. Hart
cism’, H. L. A. Hart argued that legal rules, whether promulgated by a. legislature or derived as the ratio of a prior case, characteristically have. a core of plain meaning. The decision whether a rule applies to a. particular situation often turns on delimiting the range of meaning of.
What is the meaning of indeterminacy?
uncountable noun. The indeterminacy of something is its quality of being uncertain or vague.
What does texture mean in food?
Texture refers to those qualities of a food that can be felt with the fingers, tongue, palate, or teeth. When a food produces a physical sensation in the mouth (hard, soft, crisp, moist, dry), the consumer has a basis for determining the food’s quality (fresh, stale, tender, ripe).
What does aroma mean in food?
1a : a distinctive, pervasive, and usually pleasant or savory smell the aroma of freshly-baked bread broadly : odor. b : the odor of a wine imparted by the grapes from which it is made The wine has a fruity aroma. 2 : a distinctive quality or atmosphere : flavor the sweet aroma of success.
What does Hart mean when he suggests that the law has an open texture?
The open texture of law means that there are, indeed, areas of conduct where much must be left to be developed by courts or officials striking a balance, in the light of circumstances, between competing interests which vary in weight from case to case. Herbert Hart, The Concept of Law.
What does Austin mean by positive morality?
Austin employs a broad concept of positive morality that includes all human-made laws that “lack the essential difference of positive Law.”76 This concept allows him to account for the rules that have no place in his strict definition of law, such as customary rules before their reception by the courts, or …
What does quantum indeterminacy say?
Quantum indeterminacy is the assertion that the state of a system does not determine a unique collection of values for all its measurable properties.
What did Waismann mean by the term open texture?
Open texture is a term in the philosophy of Friedrich Waismann, first introduced in his paper Verifiability to refer to the universal possibility of vagueness in empirical statements. The concept has become important in criticism of verificationism and has also found use in legal philosophy.
Who is the author of the term open texture?
Open texture is a term in the philosophy of Friedrich Waismann, first introduced in his paper Verifiability to refer to the universal possibility of vagueness in empirical statements. It is an application of some of the ideas of posited by Ludwig Wittgenstein in Philosophical Investigations, particularly Section 80.
How is open texture related to economic field?
According to H.L.A. Hart, for instance, language in legal rules has open texture and that recognizing this view would lead to better policy outcomes. Another interpretation also cited that open texture is closely related to the concept of “unforeseen contingencies” in the economic field.
