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Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International

Document Type

Article

Publication Date

Winter 1996

ISSN

0193-4872

Language

en-US

Abstract

Legal indeterminacy--the extent to which any particular legal theory cannot provide knowable answers to concrete problemsis one of the principal themes of modern jurisprudence. Indeterminacy plays an important role in debates concerning interpretation, the nature of legal obligation, and the character and possibilities of the rule of law.' Indeterminacy looms particularly large in debates concerning originalism as a method of constitutional interpretation. Some scholars insist that originalism resolves too few problems to be of much use,2 while others argue that originalism's indeterminacy is often overstated.'

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