Nature of Legal Interpretation

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analysis
anthology
Category=LAT
communication
communicative
constitutions
contracts
court
courtroom
cross genre
documents
eq_isMigrated=1
eq_nobargain
essay collection
expertise
experts
hermeneutics
interdisciplinary
interpreting
judge
jurist
justice
language
law
lawyer
legal
legalese
linguist
linguistics
litigation
native speaker
originalism
philosopher
philosophical
philosophy
speech
statutes

Product details

  • ISBN 9780226445021
  • Weight: 539g
  • Dimensions: 16 x 24mm
  • Publication Date: 17 May 2017
  • Publisher: The University of Chicago Press
  • Publication City/Country: US
  • Product Form: Hardback
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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.