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The Semantics and Pragmatics of 'According to the Law'

In Alessandro Capone & Francesca Poggi (eds.), Pragmatics and Law: Philosophical Perspectives. Cham: Springer. pp. 61-88 (2016)

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  1. Interpretive Arguments and the Application of the Law.Jose Juan Moreso & Samuele Chilovi - 2011 - In Giorgio Bongiovanni, Gerald Postema, Antonino Rotolo, Giovanni Sartor, Chiara Valentini & Douglas Walton (eds.), Handbook of Legal Reasoning and Argumentation. Dordrecht, Netherland: Springer. pp. 495-517.
    Some philosophers have recently emphasized the similarities between lawmaking and the production of linguistic utterances in ordinary communication. Based on these similarities, they have defended a theory of legal interpretation that identifies the legal content of a lawmaking act with the communicative content of the authoritative “utterance”. While different versions of the theory differ with respect to which level of utterance content they regard as relevant, they agree that the theory’s scope is fully general in that it applies to all (...)
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  • 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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