The Nature Of Legal Interpretation: What Jurists Can Learn About Legal Interpretation From Linguistics And Philosophy by Brian G. SlocumThe Nature Of Legal Interpretation: What Jurists Can Learn About Legal Interpretation From Linguistics And Philosophy by Brian G. Slocum

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

EditorBrian G. Slocum

Hardcover | May 17, 2017

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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.
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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Title:The Nature Of Legal Interpretation: What Jurists Can Learn About Legal Interpretation From…Format:HardcoverDimensions:288 pages, 9 × 6 × 1 inPublished:May 17, 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

"Certainly, any lawyer who writes or explains the law and who is able to find a few moments for the consideration of matters outside the purely pragmatic considerations of the daily workload will find this a fascinatingly alternative perspective on how language is perceived and valued by those whose interests in the philosophy and structure of communication can help us to understand more about the internal structure of what we are, generally subliminally, doing every day."