Semantics, Metaphysics, and Objectivity in the Law

In Geert Keil & Ralf Poscher (eds.), Vagueness and Law: Philosophical and Legal Perspectives. Oxford: Oxford University Press (2016)
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Abstract

The advantages of adopting a realist semantics within linguistics are seen as: first, such semantics can allow for meaningful disagreements between speakers; and second, such semantics minimizes indeterminacy. These two advantages are translated into comparable advantages for such semantics if used in law. Three different versions of realist semantics are distinguished within recent legal theory. Only one of these is deemed capable of delivering the advantages of a truly realist semantics. Although a broad applicability of realist semantics is defended—to cover terms referring to functional and moral as well as natural kinds—a limited role for realist semantics within legal interpretation is defended. Such semantics may provide the first word in legal interpretation; it never provides the last word. The application of realist semantics to law itself is finally assayed. The desirability of legal theory about law being objective is defended.

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