The Language of Law
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Product details:
- Publisher OUP Oxford
- Date of Publication 17 April 2014
- ISBN 9780198714538
- Binding Hardback
- No. of pages176 pages
- Size 241x162x22 mm
- Weight 426 g
- Language English 0
Categories
Short description:
Employing recent advances in philosophy of language to elucidate key aspects of legal communication, this volume examines how the language of legal directives can determine the content of the law, thereby enabling a better understanding of the boundaries between normative and linguistic determinants of legal content.
MoreLong description:
The close connection between philosophy of language and philosophy of law has been recognized for decades through the work of many influential legal philosophers. This volume brings recent advances in philosophy of language to bear on contemporary debates about the nature of law and legal interpretation.
The book builds on recent work in pragmatics and speech-act theory to explain how, and to what extent, legal content is determined by linguistic considerations. At the same time, the analysis shows that some of the unique features of communication in the legal domain - in particular, its strategic nature - can be employed to put pressure on certain assumptions in philosophy of language. This enables a more nuanced picture of how semantic and pragmatic determinants of communication work in complex and large-scale systems such as law.
Chapters build on explanations of key elements of statutory language, such as the distinction between what is said and what is implicated, the possibility of ascribing truth-values to legal prescriptions and the structure of legal inferences, the various forms of vagueness in the law, the distinctions between vagueness, ambiguity, and polysemy in legal language, and the distinction between concept and conceptions, mostly in the context of constitutional interpretation. The book demonstrates that paying close attention to the kind of speech acts legal directives are, and how they determine the content of the law, enables a better understanding of the boundaries between normative and linguistic determinants of legal content.
This is an important volume produced by one of its leading contemporary exponents.
Table of Contents:
Introduction
What Does the Law Say?
What Does the Law Implicate?
Truth in Law
Varieties of Vagueness in the Law
Textualism in Context
Meaning and Belief in Constitutional Interpretation
Bibliography
