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  1. (1 other version)Why Judicial Formalism is Incompatible with the Rule of Law.Matczak Marcin - manuscript
  2. The meaning of ‘reasonable’: Evidence from a corpus-linguistic study.Lucien Baumgartner & Markus Kneer - forthcoming - In Kevin P. Tobia (ed.), The Cambridge Handbook of Experimental Jurisprudence. Cambridge University Press.
    The reasonable person standard is key to both Criminal Law and Torts. What does and does not count as reasonable behavior and decision-making is frequently deter- mined by lay jurors. Hence, laypeople’s understanding of the term must be considered, especially whether they use it predominately in an evaluative fashion. In this corpus study based on supervised machine learning models, we investigate whether laypeople use the expression ‘reasonable’ mainly as a descriptive, an evaluative, or merely a value-associated term. We find that (...)
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  3. The Logic of Exemplarity.Jakub Mácha - forthcoming - Law and Literature (online first):1-15.
    The topic of exemplarity has attracted considerable interest in philosophy, legal theory, literary studies and art recently. There is broad consensus that exemplary cases mediate between singular instances and general concepts or norms. The aim of this article is to provide an additional perspective on the logic of exemplarity. First, inspired by Jacques Derrida’s discussion of exemplarity, I shall argue that there is a kind of différance between (singular) examples and (general) exemplars. What an example exemplifies, the exemplarity of the (...)
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  4. Is Somaliland a Country? An Essay on Institutional Objects in the Social Sciences.J. P. Smit & Filip Buekens - forthcoming - Dialectica.
    Searle claims that his theory of institutional reality is particularly suitable as a theoretical scheme of individuation for work in the social sciences. We argue that this is not the case. The first problem with regulatory individuation is due to the familiar fact that institutional judgments have constrained revisability criteria. The second problem with regulatory individuation is due to the fact that institutions amend their declarative judgments based on the inferential (syntactic) properties of the judgments and in response to regulatory (...)
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  5. Reading Law with ChatGPT (With Special Emphasis on Contextual Canons).Varol Akman - 2024 - Law, Ethics, and Technology 2024 (3):06.
    We study the performance of ChatGPT interpreting prompts that require legal expertise to answer. Our inputs are very close adaptations from the "Contextual Canons" section of Antonin Scalia and Bryan Garner's Reading Law: The Interpretation of Legal Texts (Thomson West: 2012). We report our experiments and findings for the entire section (comprising 14 canons) of the book. We conclude that as a legal reasoner ChatGPT is exceptionally successful in taking the contextual canons into account.
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  6. Apanhado sobre a Teoria dos Sistemas de Niklas Luhmann.Claudio De Cicco, Roberto Beijato Junior & Felipe Labruna - 2024 - Polifonia - Revista Internacional da Academia Paulista de Direito (Apd) (13):137-158.
    O anseio deste artigo acadêmico é introduzir os conceitos gerais da teoria de sistemas de Niklas Luhmann. Para atingir seus objetivos, esta teoria é hermética e filosófica, com uma ampla gama de definições e busca apresentar um conjunto de conceitos que proporcionem um suporte adequado para a sociedade como um todo. Luhmann abordou a questão da complexidade em vários estudos e desenvolveu uma metodologia baseada em uma noção de sistemas autopoiéticos, funcionalmente fechados e distintos. A observação de segunda ordem é (...)
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  7. Soll „Rasse“ aus dem Grundgesetz gestrichen werden?Niklas Eickhoff - 2024 - Zeitschrift für Praktische Philosophie 11 (1).
    In the German legal system, the concept of race occupies an important and controversial position. The desire to eliminate it is understandable but not inherently obvious, as not all reasons for deletion are valid. One central issue with the term “race” is its ambiguity, encompassing both scientific-biological and social-constructivist categorisations of individuals. Choosing one interpretation over the other is neither meaningful nor purposeful. Instead, it is more sensible to understand how the concept of race functions and how it can be (...)
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  8. Regulative Rules: A Distinctive Normative Kind.Reiland Indrek - 2024 - Philosophy and Phenomenological Research 108 (3):772-791.
    What are rules? In this paper I develop a view of regulative rules which takes them to be a distinctive normative kind occupying a middle ground between orders and normative truths. The paradigmatic cases of regulative rules that I’m interested in are social rules like rules of etiquette and legal rules like traffic rules. On the view I’ll propose, a rule is a general normative content that is in force due to human activity: enactment by an authority or acceptance by (...)
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  9. Diálogo entre “O Processo” de Franz Kafka e “O Estrangeiro” de Albert Camus sob perspectiva jurídico-existencial.Felipe Labruna - 2024 - Jusbrasil 20.
    Franz Kafka (1883-1924) e Albert Camus (1913-1960) publicaram suas obras em épocas que, embora distintas, enfrentavam desafios semelhantes do século XX, como as Guerras Mundiais e a crescente alienação diante de estruturas opressivas. O tcheco Kafka escreveu “O Processo” entre os anos de 1914 e 1915, publicando-o postumamente em 1925, em um período marcado pela Primeira Guerra Mundial e pelo surgimento de regimes autoritários. Já o franco-argelino Camus teceu “O Estrangeiro” em 1940 e o publicou em 1942, em meio à (...)
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  10. Back to (Law as) Fact. Some Remarks on Olivecrona, Scandinavian Legal Realism, and Legal Notions as Hollow Words.Julieta A. Rabanos - 2023 - Materiali Per Una Storia Della Cultura Giuridica 1:205-231.
    The aim of this paper is to critically reconsider some of the main tenets underlying Karl Olivecrona’s works. The first two sections are devoted to a brief reconstruction of his position on methodology for the study of legal phenomena, including the endorsement of philosophical realism and the enterprise of demystifying legal language through linguistic therapy (§ 2), as well as his particular conception of legal notions as hollow words (§ 3). I will then provide a brief analysis of a central (...)
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  11. Interpretivism and the Limits of Law.Tomasz Gizbert-Studnick, Francesca Poggi & Izabela Skoczeń (eds.) - 2022 - Cheltenham, UK: Edward Elgar Publishing.
    What does it mean to understand the law? This challenging book discusses whether and how understanding the law is qualitatively different from understanding a different, non-legal text or linguistic utterance, and whether knowledge of a language is sufficient to understand legal content in that language. Providing a comprehensive overview of current studies of interpretivism, both in the common and civil law systems, this book applies state of the art theories and tools of modern philosophy of language to shed new light (...)
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  12. Norms and Alternatives : Logical Aspects of Normative Reasoning.Karl Nygren - 2022 - Dissertation, Stockholm University
    In this thesis, I develop and investigate various novel semantic frameworks for deontic logic. Deontic logic concerns the logical aspects of normative reasoning. In particular, it concerns reasoning about what is required, allowed and forbidden. I focus on two main issues: free-choice reasoning and the role of norms in deontic logic. -/- Free-choice reasoning concerns permissions and obligations that offer choices between different actions. Such permissions and obligations are typically expressed by a disjunctive clause in the scope of a deontic (...)
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  13. Wyrażenie „godność” – pojęcie godności – godność. O niektórych teoretycznych aspektach ujęcia godności w Konstytucji RP [The Term “Dignity” – the Concept of Dignity – Dignity: On Some Theoretical Aspects of Recognizing Dignity in the Constitution of the Republic of Poland].Marek Piechowiak - 2022 - Przegląd Prawa Konstytucyjnego 6:17-34.
    The study aims at making explicit the three spheres or planes, essential from the point of view of semiotics, on which the discourse regarding dignity takes place, and at clarifying the relations between these planes. The analysis uses the conception of Kazimierz Ajdukiewicz. There are three principal areas in which the discourse on dignity is conducted – the plane of linguistic expressions on which the name “dignity” is used; the plane of meanings on which the notion of dignity is placed; (...)
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  14. Delimiting Legal Interpretation: The Problem of Moral Bias and Political Distortion—the Case of Criminal Intention.Izabela Skoczeń & Francesca Poggi - 2022 - Ratio Juris 35 (2):191-222.
  15. Expressivism and the ex aequo et bono adjudication method.Izabela Skoczeń & Krzysztof Poslajko - 2022 - In Tomasz Gizbert-Studnick, Francesca Poggi & Izabela Skoczeń (eds.), Interpretivism and the Limits of Law. Cheltenham, UK: Edward Elgar Publishing. pp. 212-229.
    In the present paper we argue that although the semantics of both legal and moral statements can be explained with the use of a unified framework called hybrid or quasi-expressivism (Finlay & Plunkett, 2018), there still is an important difference in the semantics of moral and legal terms. Namely, while the truth conditions of legal statements are widely intersubjectively shared, this is not the case with moral statements. We demonstrate this difference using the example of the ex aequo et bono (...)
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  16. Lawyer Cat v. Lawyer Dog: A Forensic Linguistic Analysis of State of Louisiana v. Warren Demesme.Tristan Sosa - 2022 - Texas Philosophical 1 (12).
    In this essay, I implement an analysis of language in and of the legal process and an analysis of language as evidence in an investigation of the merits of Louisiana State Supreme Court Justice Scott J. Crichton’s opinion that Warren Demesme was requesting a “lawyer dog.” In my analysis of language in and of the legal process, I focus on case law pertaining to Miranda Warnings, wherein insights from forensic linguists researching evidence collection and speech act theory are central to (...)
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  17. Modeling legal conflict resolution based on dynamic logic.Fengkui Ju, Karl Nygren & Tianwen Xu - 2021 - Journal of Logic and Computation 31 (4):1102-1128.
    Conflicts between legal norms are common in reality. In many legislations, legal conflicts between norms are resolved by applying ordered principles. This work presents a formalization of the conflict resolution mechanism and introduces action legal logic (⁠ALL) to reason about the normative consequences of possibly conflicting legal systems. The semantics of ALL is explicitly based on legal systems consisting of norms and ordered principles. Legal systems specify the legal status of transitions in transition systems and the language of ALL describes (...)
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  18. Fragmentos sobre a obra The Force of Law de Frederick Schauer. [REVIEW]Felipe Labruna - 2021 - Revista Ibero-Americana de Humanidades, Ciências e Educação - Rease 7 (07).
    Em 2015 o jurista norte-americano Frederick Schauer publicou a obra The Force of Law, cujo teor não omite, desde o princípio de seu texto, que seu anseio ao escrevê-lo era opor-se à concepção proposta pelo estudioso inglês Herbert L. A. Hart no livro The Concept of Law, lançado em 2012, de que a natureza do Direito não abrange o componente coercitivo. Em The Force of Law é exposto que a coerção é o único componente do Direito usado até mesmo pelas (...)
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  19. Hrafn Asgeirsson, The Nature and Value of Vagueness in Law.Daniel Wodak - 2021 - Ethics 131 (4):777-781.
    Review of Hrafn Asgeirsson's The Nature and Value of Vagueness in Law (2020).
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  20. The Nature and Value of Vagueness in the Law.Hrafn Ásgeirsson - 2020 - Oxford: Hart Publishing.
    Sample chapter from H. Asgeirsson, The Nature and Value of Vagueness in the Law (Hart Publishing, 2020), in which I present and partially defend a version of what has come to be called the communicative-content theory of law. Book abstract: Lawmaking is – paradigmatically – a type of speech act: people make law by saying things. It is natural to think, therefore, that the content of the law is determined by what lawmakers communicate. However, what they communicate is sometimes vague (...)
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  21. A New Interpretivist Metasemantics for Fundamental Legal Disagreements.François Schroeter, Laura Schroeter & Kevin Toh - 2020 - Legal Theory 26 (1):62-99.
    What does it take for lawyers and others to think or talk about the same legal topic—e.g., defamation, culpability? We argue that people are able to think or talk about the same topic not when they possess a matching substantive understanding of the topic, as traditional metasemantics says, but instead when their thoughts or utterances are related to each other in certain ways. And what determines the content of thoughts and utterances is what would best serve the core purposes of (...)
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  22. (1 other version)Hybrid Dispositionalism and the Law.Teresa Marques - 2019 - In Toh Kevin, Plunkett David & Shapiro Scott (eds.), Dimensions of Normativity: New Essays on Metaethics and Jurisprudence. New York: Oxford University Press.
    Dworkin’s famous argument from legal disagreements poses a problem for legal positivism by undermining the idea that the law can be (just) the result of the practice and attitudes of norm-applying officials. In recent work, the chapter author argued that a hybrid contextualist theory paired with a dispositional theory of value—a hybrid dispositionalism, for short—offers the resources to respond to similar disagreement- based arguments in other evaluative and normative domains. This chapter claims that the theory the author advocates can extend (...)
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  23. (1 other version)Hybrid Dispositionalism and the Law.Teresa Marques - 2019 - In Toh Kevin, Plunkett David & Shapiro Scott (eds.), Dimensions of Normativity: New Essays on Metaethics and Jurisprudence. New York: Oxford University Press.
    Dworkin’s famous argument from legal disagreements poses a problem for legal positivism by undermining the idea that the law can be (just) the result of the practice and attitudes of norm-applying officials. In recent work, the chapter author argued that a hybrid contextualist theory paired with a dispositional theory of value—a hybrid dispositionalism, for short—offers the resources to respond to similar disagreement- based arguments in other evaluative and normative domains. This chapter claims that the theory the author advocates can extend (...)
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  24. Normativity in Language and Law.Alex Silk - 2019 - In Toh Kevin, Plunkett David & Shapiro Scott (eds.), Dimensions of Normativity: New Essays on Metaethics and Jurisprudence. New York: Oxford University Press. pp. 287-313.
    This chapter develops an account of the meaning and use of various types of legal claims, and uses this account to inform debates about the nature and normativity of law. The account draws on a general framework for implementing a contextualist theory, called 'Discourse Contextualism' (Silk 2016). The aim of Discourse Contextualism is to derive the apparent normativity of claims of law from a particular contextualist interpretation of a standard semantics for modals, along with general principles of interpretation and conversation. (...)
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  25. Theories of vagueness and theories of law.Alex Silk - 2019 - Legal Theory 25 (2):132-152.
    It is common to think that what theory of linguistic vagueness is correct has implications for debates in philosophy of law. I disagree. I argue that the implications of particular theories of vagueness on substantive issues of legal theory and practice are less far-reaching than often thought. I focus on four putative implications discussed in the literature concerning (i) the value of vagueness in the law, (ii) the possibility and value of legal indeterminacy, (iii) the possibility of the rule of (...)
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  26. Constraining Adjudication: An Inquiry into the Nature of W. Baude’s and S. Sachs’ Law of Interpretation.Izabela Skoczeń - 2019 - In David Duarte, Pedro Moniz Lopes & Jorge Silva Sampaio (eds.), Legal Interpretation and Scientific Knowledge. Springer Verlag. pp. 141-159.
    W. Baude’s and S.E. Sachs’s paper entitled “The Law of Interpretation” is a fascinating survey of a plethora of cases from the American common law system. The main conclusion of the article is extremely interesting from both philosophical and practical points of view. Namely, the authors claim that there exists something additional in the law that has not been identified before, and this is the law of interpretation. This law of interpretation is claimed to be a set of both written (...)
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  27. Implicatures Within Legal Language.Izabela Skoczeń - 2019 - Cham: Springer Verlag.
    This book proposes a novel, descriptive theory that unveils the linguistic mechanisms lurking behind judicial decisions. It offers a comprehensive account of the ongoing debate, as well as a novel solution to the problem of understanding legal pragmatics. Linguistic pragmatics is based on a theory created by Paul Grice, who observed that people usually convey more than just the amalgam of the meaning of the words they use. He labeled this surplus of meaning a “conversational implicature.” This book addresses the (...)
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  28. Quasi-Expressivism about Statements of Law: A Hartian Theory.Stephen Finlay & David Plunkett - 2018 - In John Gardner, Leslie Green & Brian Leiter (eds.), Oxford Studies in Philosophy of Law Volume 3. Oxford University Press. pp. 49-86.
    Speech and thought about what the law is commonly function in practical ways, to guide or assess behavior. These functions have often been seen as problematic for legal positivism in the tradition of H.L.A. Hart. One recent response is to advance an expressivist analysis of legal statements (Toh), which faces its own, familiar problems. This paper advances a rival, positivist-friendly account of legal statements which we call “quasi-expressivist”, explicitly modeled after Finlay’s metaethical theory of moral statements. This consists in a (...)
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  29. Assessment sensitivity in legal discourse.Andrej Kristan & Massimiliano Vignolo - 2018 - Inquiry: An Interdisciplinary Journal of Philosophy 61 (4):394-421.
    We explain three phenomena in legal discourse in terms of MacFarlane’s assessment-sensitive semantics: incompatible applications of law, assessments of statements about what is legally the case, and retrospective overruling. The claim is that assessment sensitivity fits in with the view, shared by many legal theorists at least with respect to hard cases, that the final adjudicator’s interpretation of legal sources is constitutive of the applied norm. We argue that there are strong analogies between certain kinds of statements in legal discourse (...)
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  30. What Does ‘Legal Obligation’ Mean?Daniel Wodak - 2018 - Pacific Philosophical Quarterly 99 (4):790-816.
    What do normative terms like “obligation” mean in legal contexts? On one view, which H.L.A. Hart may have endorsed, “obligation” is ambiguous in moral and legal contexts. On another, which is dominant in jurisprudence, “obligation” has a distinctively moralized meaning in legal contexts. On a third view, which is often endorsed in philosophy of language, “obligation” has a generic meaning in moral and legal con- texts. After making the nature of and disagreements between these views precise, I show how linguistic (...)
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  31. Interpreting Straw Man Argumentation.Fabrizio Macagno & Douglas Walton - 2017 - Amsterdam: Springer.
    This book shows how research in linguistic pragmatics, philosophy of language, and rhetoric can be connected through argumentation to analyze a recognizably common strategy used in political and everyday conversation, namely the distortion of another’s words in an argumentative exchange. Straw man argumentation refers to the modification of a position by misquoting, misreporting or wrenching the original speaker’s statements from their context in order to attack them more easily or more effectively. Through 63 examples taken from different contexts (including political (...)
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  32. (9 other versions)Can metalinguistic negotiations and 'conceptual ethics' rescue legal positivism?Teresa Marques - 2017 - In Francesca Poggi & Alessandro Capone (eds.), Pragmatics and Law: Practical and Theoretical Perspectives. Cham: Springer. pp. 223-241.
    In recent years, David Plunkett and Tim Sundell have published a series of interesting articles that made an original use of resources from linguistics and philosophy of language to reply to arguments for legal antipositivism, the thesis according to which moral or value facts are part of what determines what the law is in a given jurisdiction at a given time. Plunkett and Sundell’s strategy for resisting antipositivism appeals to the notion of a metalinguistic negotiation, which incorporates the notion of (...)
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  33. (9 other versions)Can metalinguistic negotiations and 'conceptual ethics' rescue legal positivism?Teresa Marques - 2017 - In Francesca Poggi & Alessandro Capone (eds.), Pragmatics and Law: Practical and Theoretical Perspectives. Cham: Springer. pp. 223-241.
    In recent years, David Plunkett and Tim Sundell have published a series of interesting articles that made an original use of resources from linguistics and philosophy of language to reply to arguments for legal antipositivism, the thesis according to which moral or value facts are part of what determines what the law is in a given jurisdiction at a given time. Plunkett and Sundell’s strategy for resisting antipositivism appeals to the notion of a metalinguistic negotiation, which incorporates the notion of (...)
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  34. Anscombe on the Sources of Normativity.Katharina Nieswandt - 2017 - Journal of Value Inquiry 51 (1):141-163.
    Anscombe is usually seen as a critic of “Modern Moral Philosophy.” I attempt a systematic reconstruction and a defense of Anscombe’s positive theory. Anscombe’s metaethics is a hybrid of social constructivism and Aristotelian naturalism. Her three main claims are the following: (1) We cannot trace all duties back to one moral principle; there is more than one source of normativity. (2) Whether I have a certain duty will often be determined by the social practices of my community. For instance, duties (...)
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  35. (9 other versions)Can metalinguistic negotiations and 'conceptual ethics' rescue legal positivism?Teresa Marques - 2017 - In Francesca Poggi & Alessandro Capone (eds.), Pragmatics and Law: Practical and Theoretical Perspectives. Cham: Springer. pp. 223-241.
    In recent years, David Plunkett and Tim Sundell have published a series of interesting articles that made an original use of resources from linguistics and philosophy of language to reply to arguments for legal antipositivism, the thesis according to which moral or value facts are part of what determines what the law is in a given jurisdiction at a given time. Plunkett and Sundell’s strategy for resisting antipositivism appeals to the notion of a metalinguistic negotiation, which incorporates the notion of (...)
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  36. (9 other versions)Can metalinguistic negotiations and 'conceptual ethics' rescue legal positivism?Marques Teresa - 2017 - In Francesca Poggi & Alessandro Capone (eds.), Pragmatics and Law: Practical and Theoretical Perspectives. Cham: Springer. pp. 223-241.
    In recent years, David Plunkett and Tim Sundell have published a series of interesting articles that made an original use of resources from linguistics and philosophy of language to reply to arguments for legal antipositivism, the thesis according to which moral or value facts are part of what determines what the law is in a given jurisdiction at a given time. Plunkett and Sundell’s strategy for resisting antipositivism appeals to the notion of a metalinguistic negotiation, which incorporates the notion of (...)
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  37. (9 other versions)Can metalinguistic negotiations and 'conceptual ethics' rescue legal positivism?Marques Teresa - 2017 - In Francesca Poggi & Alessandro Capone (eds.), Pragmatics and Law: Practical and Theoretical Perspectives. Cham: Springer. pp. 223-241.
    In recent years, David Plunkett and Tim Sundell have published a series of interesting articles that made an original use of resources from linguistics and philosophy of language to reply to arguments for legal antipositivism, the thesis according to which moral or value facts are part of what determines what the law is in a given jurisdiction at a given time. Plunkett and Sundell’s strategy for resisting antipositivism appeals to the notion of a metalinguistic negotiation, which incorporates the notion of (...)
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  38. (9 other versions)Can metalinguistic negotiations and 'conceptual ethics' rescue legal positivism?Marques Teresa - 2017 - In Francesca Poggi & Alessandro Capone (eds.), Pragmatics and Law: Practical and Theoretical Perspectives. Cham: Springer. pp. 223-241.
    In recent years, David Plunkett and Tim Sundell have published a series of interesting articles that made an original use of resources from linguistics and philosophy of language to reply to arguments for legal antipositivism, the thesis according to which moral or value facts are part of what determines what the law is in a given jurisdiction at a given time. Plunkett and Sundell’s strategy for resisting antipositivism appeals to the notion of a metalinguistic negotiation, which incorporates the notion of (...)
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  39. (9 other versions)Can metalinguistic negotiations and 'conceptual ethics' rescue legal positivism?Marques Teresa - 2017 - In Francesca Poggi & Alessandro Capone (eds.), Pragmatics and Law: Practical and Theoretical Perspectives. Cham: Springer. pp. 223-241.
    In recent years, David Plunkett and Tim Sundell have published a series of interesting articles that made an original use of resources from linguistics and philosophy of language to reply to arguments for legal antipositivism, the thesis according to which moral or value facts are part of what determines what the law is in a given jurisdiction at a given time. Plunkett and Sundell’s strategy for resisting antipositivism appeals to the notion of a metalinguistic negotiation, which incorporates the notion of (...)
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  40. (9 other versions)Can metalinguistic negotiations and 'conceptual ethics' rescue legal positivism?Marques Teresa - 2017 - In Francesca Poggi & Alessandro Capone (eds.), Pragmatics and Law: Practical and Theoretical Perspectives. Cham: Springer. pp. 223-241.
    In recent years, David Plunkett and Tim Sundell have published a series of interesting articles that made an original use of resources from linguistics and philosophy of language to reply to arguments for legal antipositivism, the thesis according to which moral or value facts are part of what determines what the law is in a given jurisdiction at a given time. Plunkett and Sundell’s strategy for resisting antipositivism appeals to the notion of a metalinguistic negotiation, which incorporates the notion of (...)
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  41. (9 other versions)Can metalinguistic negotiations and 'conceptual ethics' rescue legal positivism?Marques Teresa - 2017 - In Francesca Poggi & Alessandro Capone (eds.), Pragmatics and Law: Practical and Theoretical Perspectives. Cham: Springer. pp. 223-241.
    In recent years, David Plunkett and Tim Sundell have published a series of interesting articles that made an original use of resources from linguistics and philosophy of language to reply to arguments for legal antipositivism, the thesis according to which moral or value facts are part of what determines what the law is in a given jurisdiction at a given time. Plunkett and Sundell’s strategy for resisting antipositivism appeals to the notion of a metalinguistic negotiation, which incorporates the notion of (...)
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  42. (9 other versions)Can metalinguistic negotiations and 'conceptual ethics' rescue legal positivism?Marques Teresa - 2017 - In Francesca Poggi & Alessandro Capone (eds.), Pragmatics and Law: Practical and Theoretical Perspectives. Cham: Springer. pp. 223-241.
    In recent years, David Plunkett and Tim Sundell have published a series of interesting articles that made an original use of resources from linguistics and philosophy of language to reply to arguments for legal antipositivism, the thesis according to which moral or value facts are part of what determines what the law is in a given jurisdiction at a given time. Plunkett and Sundell’s strategy for resisting antipositivism appeals to the notion of a metalinguistic negotiation, which incorporates the notion of (...)
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  43. Мовне законодавство України, Грузії та Молдови: порівняльний аспект.Nadiya Trach - 2017 - Language: Classic – Modern – Postmodern 3:77-85.
    У статті висвітлено особливості мовного законодавства трьох пострадянських країн – України, Грузії та Молдови. Окреслено історичну перспективу мовно-політичного дискурсу з часів розпаду Радянського Союзу. Особливу увагу приділено конституційному затвердженню статусу державних мов, нещодавньо ухваленим чи напрацьованим законам та законопроектам, ролі конституційних судів у регулюванні мовного питання. На додаток, розглянуто специфіку регулювання вжитку мов національних меншин.
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  44. Law as Trope: Framing and Evaluating Conceptual Metaphors.Lloyd Harold Anthony - 2016 - Pace Law Review 37.
    Like others who work with language, many lawyers no doubt appreciate good kennings. However, metaphors also play a much deeper role in thought and law than style, ornament, or verbal virtuosity. As we shall see, metaphors play a necessary role in our categories of thought. As a result, metaphors are a necessary part of thought itself, including legal thought.
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  45. (1 other version)On the Fiction of the Retroaction of the Condition in Contracts.Giuliano Bacigalupo - 2016 - Philosophia Scientiae 20:167-183.
    In this paper, I focus on the fiction of the retroaction of the condition in contracts, a very old tool of law which may be traced back to Roman antiquity. In the first part, I introduce the notion of a contract with a suspensive condition, i.e. a contract whose efficacy is subordinated to a future uncertain event. As will be addressed in the second part, this kind of contracts is often linked to the fiction of the retroaction of the condition (...)
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  46. Vagueness and Law: Philosophical and Legal Perspectives.Geert Keil & Ralf Poscher (eds.) - 2016 - Oxford: Oxford University Press.
    Vague expressions are omnipresent in natural language. Their use in legal texts is inevitable. A law phrased in vague terms will often leave it indeterminate whether it applies to a particular case. This places the law at odds with legal values. One of the fundamental pillars of the rule of law is legal certainty. The determinacy of the law enables people to use it as a guide and allows judges make impartial decisions. Vagueness poses a threat to these ideals. In (...)
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  47. Vagueness and Law. Philosophical and Legal Perspectives.Geert Keil & Ralf Poscher - 2016 - In Geert Keil & Ralf Poscher (eds.), Vagueness and Law: Philosophical and Legal Perspectives. Oxford: Oxford University Press. pp. 1-20.
    Vague expressions are omnipresent in natural language. As such, their use in legal texts is virtually inevitable. If a law contains vague terms, the question whether it applies to a particular case often lacks a clear answer. One of the fundamental pillars of the rule of law is legal certainty. The determinacy of the law enables people to use it as a guide and places judges in the position to decide impartially. Vagueness poses a threat to these ideals. In borderline (...)
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  48. Law's "Way of Words:" Pragmatics and Textualist Error.Harold Anthony Lloyd - 2016 - Creighton Law Review 49.
    Lawyers and judges cannot adequately address the nature of text, meaning, or interpretation without reference to the insights provided by linguists and philosophers of language. Exploring some of those insights, this article focuses upon what linguists and philosophers of language call “pragmatics.” Pragmatics examines the relations between words and users rather than the relations of words to words (syntax) or the relations of words to the world (semantics). In other words, pragmatics studies how language users actually use and interpret words (...)
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  49. Corporate Speech in Citizens United vs. Federal Election Commission.Kirk Ludwig - 2016 - SpazioFilosofico 16:47-79.
    In its January 20th, 2010 decision in Citizens United vs. Federal Election Commission, the United States Supreme Court ruled that certain restrictions on independent expenditures by corporations for political advocacy violate the First Amendment of the Constitution, which provides that “Congress shall make no law […] abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Justice Kennedy, writing for the 5-4 majority, (...)
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  50. Does Legal Interpretation Need Paul Grice?Matczak Marcin - 2016 - Polish Journal of Philosophy 10 (1):67-87.
    By significantly diminishing the role intentions play in communication, in Imagination and Convention Lepore and Stone attempt to overthrow the Gricean paradigm which prevails in the philosophy of language. The approach they propose is attractive to theorists of legal interpretations for many reasons. Primary among these is that the more general dispute in the philosophy of language between Griceans and non-Griceans mirrors the dispute between intentionalists and non-intentionalists in legal interpretation. The ideas proposed in Imagination and Convention naturally support the (...)
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