Philosophical Foundations of Language in the Law

Paperback | March 10, 2013

EditorAndrei Marmor, Scott Soames

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This collection brings together the best contemporary philosophical work in the area of intersection between philosophy of language and the law. Some of the contributors are philosophers of language who are interested in applying advances in philosophy of language to legal issues, and some ofthe participants are philosophers of law who are interested in applying insights and theories from philosophy of language to their work on the nature of law and legal interpretation. By making this body of recent work available in a single volume, readers will gain both a general overview of thevarious interactions between language and law, and also detailed analyses of particular areas in which this interaction is manifest.The contributions to this volume are grouped under three main general areas: The first area concerns a critical assessment, in light of recent advances in philosophy of language, of the foundational role of language in understanding the nature of law itself. The second main area concerns a number ofways in which an understanding of language can resolve some of the issues prevalent in legal interpretation, such as the various ways in which semantic content can differ from law's assertive content; the contribution of presuppositions and pragmatic implicatures in understanding what the lawconveys; the role of vagueness in legal language, for example. The third general topic concerns the role of language in the context of particular legal doctrines and legal solutions to practical problems, such as the legal definitions of inchoate crimes, the legal definition of torture, or thecontractual doctrines concerning default rules.Together, these three key issues cover a wide range of philosophical interests in law that can be elucidated by a better understanding of language and linguistic communication.

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This collection brings together the best contemporary philosophical work in the area of intersection between philosophy of language and the law. Some of the contributors are philosophers of language who are interested in applying advances in philosophy of language to legal issues, and some ofthe participants are philosophers of law who...

Andrei Marmor was Professor at Tel Aviv University from 1990 to 2000 and has been Professor of Philosophy and Professor of Law at the University of Southern California since 2003. He is the Director of the USC Center for Law and Philosophy and Editor in chief of the Journal of Ethics and Social Philosophy. He has authored and edited nu...

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Format:PaperbackDimensions:288 pagesPublished:March 10, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199673705

ISBN - 13:9780199673704

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Table of Contents

1. Introduction2. Timothy Endicott: The Value of Vagueness3. Scott Soames: What Vagueness and Inconsistency Tell Us about Interpretation4. Jeremy Waldron: Vagueness and the Guidance of Action5. Andrei Marmor: Can the Law Imply More Than It Says? On Some Pragmatic Aspects of Strategic Speech6. John Perry: Textualism and the Discovery of Rights7. Gideon Rosen: Textualism, Intentionalism, and the Law of Contracts8. Richard Holton: Modeling Legal Rules9. Gideon Yaffe: Trying to Kill the Dead: De Dicto and De Re Intention in Attempted Crimes10. Mark Greenberg: Legislation As Communication? Legal Interpretation and the Study of Linguistic Communication