open-textured principles

Buzzzzz

New Member
Français
Hi,

I'm looking for a definition of "open-textured".

This is the sentence: "To what extent is statutory interpretation based on strict and precise rules, as opposed to open-textured principles?"

A definition and a french translation would be amazing :)

Many thanks in advance
 
  • Jorōgumo

    Senior Member
    French
    Open-textured: whose texture is open.
    I'd say: Dans quelle mesure l'interprétation statutaire est-elle basée sur des règles strictes et précises, par apposition aux principes à texture(s) ouverture(s) ?​.
    I don't know whether these principles do have one single texture or many. That's why the two s are put between brackets.
     
    Last edited:

    bh7

    Senior Member
    Canada; English
    It's not as simple as that. "Open-textured" is a specialised term of legal theory / legal interpretation.
    See this article regarding Herbert L.A. Hart's "open texture theory" of the rules of law.
     
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