By Andrei Marmor, Scott Soames
This assortment brings jointly the easiest modern philosophical paintings within the region of intersection among philosophy of language and the legislation. a few of the individuals are philosophers of language who're drawn to employing advances in philosophy of language to criminal concerns, and a few of the individuals are philosophers of legislations who're attracted to utilising insights and theories from philosophy of language to their paintings at the nature of legislation and criminal interpretation. by means of making this physique of modern paintings on hand in one quantity, readers will achieve either a common evaluate of many of the interactions among language and legislation, and in addition distinctive analyses of specific parts during which this interplay is manifest.
The contributions to this quantity are grouped lower than 3 major basic parts: the 1st sector issues a serious evaluation, in mild of contemporary advances in philosophy of language, of the foundational position of language in realizing the character of legislation itself. the second one major sector issues a couple of ways that an knowing of language can unravel many of the matters everyday in felony interpretation, akin to some of the ways that semantic content material can vary from law's assertive content material; the contribution of presuppositions and pragmatic implicatures in realizing what the legislation conveys; the function of vagueness in criminal language, for instance. The 3rd common subject issues the function of language within the context of specific criminal doctrines and felony suggestions to sensible difficulties, similar to the criminal definitions of inchoate crimes, the criminal definition of torture, or the contractual doctrines relating default rules.
Together, those 3 key matters hide a variety of philosophical pursuits in legislations that may be elucidated through a greater knowing of language and linguistic verbal exchange.
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Additional resources for Philosophical Foundations of Language in the Law
Example text
Many important distinctions, which are not immediately obvious, between types of social situation or relationships may best be brought to light by an examination of the standard uses of the relevant expressions and of the way in which these depend on social context, itself often left unstated. L. 3Though a methodology of focusing on meaning while eschewing definition may initially seem strange, Hart's approach conformed to that of the leading figures—Wittgenstein, Ryle, and Austin—of the Ordinary Language School of philosophy of his day.
In principle, several outcomes are possible. In some special cases (though rarely in common law systems), it may be possible to send the matter back to the law-makers for clarification and precisification. In certain other cases, a rule of lenity may dictate favorable verdicts for defendants in situations in which no clear violation is established—where one form of exonerating unclarity involves (linguistic) indeterminacy in the law. However, in many cases neither of these exceptions apply, with the result that judges, and other authorities, are expected to fill gaps by precisifying the governing legal provision in a manner not determined and sometimes not even envisioned by the law-making body.
The main foray into philosophy of language in The Concept of Law is in chapter7, where Hart strives to refute a kind of ‘rule skepticism’ proffered by the American Legal Realists. As he understood them, these theorists claimed that legal rules, by themselves, rarely determine particular legal outcomes. On the contrary, they maintained, such rules can be understood almost any way one likes; hence the outcomes reached by judges and other officials are rarely determined by the rules they cite. Of equal, if not more, importance, the Realists argued, are judges’ instinctive reactions to the cases they adjudicate, shaped by their psychological makeup and social circumstances.
