The Language of Law

Hardcover | May 17, 2014

byAndrei Marmor

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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 legalinterpretation.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 strategicnature - 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, thedistinctions 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 theydetermine the content of the law, enables a better understanding of the boundaries between normative and linguistic determinants of legal content.

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From the Publisher

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 legalinterpretation.The book builds on recent work in...

Professor Marmor concentrates his study on legal and moral philosophy. Marmor is the director of the USC Center for Law and Philosophy, and editor in chief of the Journal of Ethics and Social Philosophy, www.jesp.org. Marmor has published an extensive amount of work, including several books and many articles written on diverse topics ...

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Format:HardcoverDimensions:176 pages, 9.21 × 6.14 × 0.98 inPublished:May 17, 2014Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019871453X

ISBN - 13:9780198714538

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Table of Contents

Introduction1. What Does the Law Say?2. What Does the Law Implicate?3. Truth in Law4. Varieties of Vagueness in the Law5. Textualism in Context6. Meaning and Belief in Constitutional InterpretationBibliography