The Nature Of Legal Interpretation: What Jurists Can Learn About Legal Interpretation From…

Hardcover | April 21, 2017

EditorBrian G. Slocum

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Language shapes and reflects how we think about the world. It engages and intrigues us. Our everyday use of language is quite effortless—we are all experts on our native tongues. Despite this, issues of language and meaning have long flummoxed the judges on whom we depend for the interpretation of our most fundamental legal texts. Should a judge feel confident in defining common words in the texts without the aid of a linguist? How is the meaning communicated by the text determined? Should the communicative meaning of texts be decisive, or at least influential? 
 
To fully engage and probe these questions of interpretation, this volume draws upon a variety of experts from several fields, who collectively examine the interpretation of legal texts. In The Nature of Legal Interpretation, the contributors argue that the meaning of language is crucial to the interpretation of legal texts, such as statutes, constitutions, and contracts. Accordingly, expert analysis of language from linguists, philosophers, and legal scholars should influence how courts interpret legal texts. Offering insightful new interdisciplinary perspectives on originalism and legal interpretation, these essays put forth a significant and provocative discussion of how best to characterize the nature of language in legal texts.

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From the Publisher

Language shapes and reflects how we think about the world. It engages and intrigues us. Our everyday use of language is quite effortless—we are all experts on our native tongues. Despite this, issues of language and meaning have long flummoxed the judges on whom we depend for the interpretation of our most fundamental legal texts. Shou...

Brian G. Slocum is a professor of law at the University of the Pacific, McGeorge School of Law in Sacramento, California.    

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Kobo ebook|Dec 22 2015

$70.79 online$91.86list price(save 22%)
Format:HardcoverDimensions:288 pages, 9 × 6 × 0.98 inPublished:April 21, 2017Publisher:University Of Chicago PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:022644502X

ISBN - 13:9780226445021

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Table of Contents

Introduction
Brian G. Slocum
Chapter 1. The Contribution of Linguistics to Legal Interpretation
Brian G. Slocum
Chapter 2. Philosophy of Language, Linguistics, and Possible Lessons about Originalism
Kent Greenawalt
Chapter 3. Linguistic Knowledge and Legal Interpretation: What Goes Right, What Goes Wrong
Lawrence M. Solan
Chapter 4. The Continued Relevance of Philosophical Hermeneutics in Legal Thought
Frank S. Ravitch
Chapter 5. The Strange Fate of Holmes’s Normal Speaker of English
Karen Petroski
Chapter 6. Originalism, Hermeneutics, and the Fixation Thesis
Lawrence B. Solum
Chapter 7. Getting Over the Originalist Fixation
Francis J. Mootz III
Chapter 8. Legal Speech and the Elements of Adjudication
Nicholas Allott and Benjamin Shaer
Chapter 9. Deferentialism, Living Originalism, and the Constitution
Scott Soames
Chapter 10. Deferentialism and Adjudication
Gideon Rosen
Response to Chapter Ten: Comments on Rosen
Scott Soames
Contributors
Index

Editorial Reviews

“The Nature of Legal Interpretation is an excellent anthology—well conceived and well executed. The contributors are first-rate, and their contributions reflect that. The theoretical basis of legal interpretation is experiencing a boom period in academic interest and controversy right now. The proper approach to interpreting the Constitution and statutes is of incredible importance, and its importance is being relearned in the wake of Supreme Court opinions interpreting the Second Amendment, the Affordable Care Act, and the due process clause. Although there has been a lot written on the topic in the last decade, most of it has been the product of legally trained academics with little sophistication in linguistic philosophy. The Nature of Legal Interpretation fills that gap and provides much-needed clarity and complexity to how we understand contemporary legal disputes.”