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Textualism, Intentionalism, and the Law of the Contract

In Andrei Marmor & Scott Soames (eds.), Philosophical Foundations of Language in the Law. Oxford University Press, Usa (2011)

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  1. Getting into Mischief: On What it Means to Appeal to the U.S. Constitution.Daniel Frost - 2015 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 28 (2):267-287.
    In this chapter I seek to rehabilitate and elaborate the so-called “mischief rule” of English law. I begin by interrogating two views of legal and constitutional interpretation which make symmetrical mistakes about legal interpretation: Larry Alexander and Emily Sherwin’s view in Demystifying Legal Reasoning and Jack Balkin’s in Living Originalism. Against these views I argue that the appropriate interpretation of laws is guided by the “mischief” the legislators were trying to remedy when they created the law and by what the (...)
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  • Philosophy of Contract Law.Daniel Markovits & Emad Atiq - 2021 - Stanford Encyclopedia of Philosophy.
    The law of contracts, at least in its orthodox expression, concerns voluntary, or chosen, legal obligations. When Brody accepts Susan’s offer to sell him a canoe for a set price, the parties’ choices alter their legal rights and duties. Their success at changing the legal landscape depends on a background system of rules that specify when and how contractual acts have legal effects, rules that give the offer and acceptance of a bargain-exchange a central role in generating obligations. Contract law (...)
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