Înțelepciune și judecată. Tipuri și limite ale nedeterminării în drept

Wisdom and Judgement. The Types and Limits of Legal Indeterminacy. The problem of vagueness in the philosophy of language concerns the indeterminacy of notions in ordinary language and whether vagueness can be eliminated or not. The article applies the analysis of vagueness to the legal field, employing some examples from Romanian and foreign law. The analysis starts from the central notions of norm, law, and statute, then discusses the issues raised by indeterminacy and their relevance for the debate between positivism and interpretivism in the philosophy of law, finally raising the challenge of the Sorites paradox. Against this backdrop, a distinction between positive and negative legal indeterminacy is introduced, which leads to an argument that judicial bivalence is the only remedy for the problems inherent in the aggregation of norms. The final conclusion is that, in democratic societies, indeterminacy does not undermine the ideal of the rule of law.