Meaning in Law: A Theory of Speech

Nonfiction, Reference & Language, Law, Civil Rights, Language Arts, Linguistics, Religion & Spirituality, Philosophy
Cover of the book Meaning in Law: A Theory of Speech by Charles W. Collier, Oxford University Press
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Charles W. Collier ISBN: 9780190452803
Publisher: Oxford University Press Publication: August 7, 2009
Imprint: Oxford University Press Language: English
Author: Charles W. Collier
ISBN: 9780190452803
Publisher: Oxford University Press
Publication: August 7, 2009
Imprint: Oxford University Press
Language: English

Despite widespread admiration for the First Amendment's protection of speech, this iconic feature of American legal thought has never been adequately theorized. Existing theories of speech proceed on the basis of legal doctrine and judicial decisionmaking, social and political philosophy, or legal and intellectual history. But these are not the disciplines one would most naturally turn to in analyzing speech. Meaning in Law: A Theory of Speech takes a new and different approach. This book develops a general legal theory of speech on the basis of linguistic theory and the philosophy of language. The opening chapters retrace the main conceptual stages in the expression of meaning: from natural meaning, through symbolism, to signification. Later chapters analyze symbolic speech (communication by nonlinguistic means) as the key to developing an intention-based theory of speech. The essential elements of the theory are (1) nonnatural meaning, (2) the signaling of intent, (3) the recognition of intent, and (4) establishing a convention. A final chapter applies these insights to the case law of symbolic speech and resolves some basic confusions in the legal literature. This analysis proceeds by way of an original distinction between actual conduct (in the real world) and the "ideal conduct" described in a statute. The former may be described both as communicative and noncommunicative, while the latter has already been conceptualized as either communicative or noncommunicative. This distinction clears up a major legal quandary: how conduct that counts as communication may nevertheless be regulated or prohibited, without running afoul of the First Amendment's protection of speech.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

Despite widespread admiration for the First Amendment's protection of speech, this iconic feature of American legal thought has never been adequately theorized. Existing theories of speech proceed on the basis of legal doctrine and judicial decisionmaking, social and political philosophy, or legal and intellectual history. But these are not the disciplines one would most naturally turn to in analyzing speech. Meaning in Law: A Theory of Speech takes a new and different approach. This book develops a general legal theory of speech on the basis of linguistic theory and the philosophy of language. The opening chapters retrace the main conceptual stages in the expression of meaning: from natural meaning, through symbolism, to signification. Later chapters analyze symbolic speech (communication by nonlinguistic means) as the key to developing an intention-based theory of speech. The essential elements of the theory are (1) nonnatural meaning, (2) the signaling of intent, (3) the recognition of intent, and (4) establishing a convention. A final chapter applies these insights to the case law of symbolic speech and resolves some basic confusions in the legal literature. This analysis proceeds by way of an original distinction between actual conduct (in the real world) and the "ideal conduct" described in a statute. The former may be described both as communicative and noncommunicative, while the latter has already been conceptualized as either communicative or noncommunicative. This distinction clears up a major legal quandary: how conduct that counts as communication may nevertheless be regulated or prohibited, without running afoul of the First Amendment's protection of speech.

More books from Oxford University Press

Cover of the book The Third Disestablishment by Charles W. Collier
Cover of the book The Love of a King Level 2 Oxford Bookworms Library by Charles W. Collier
Cover of the book Ancient Bodies, Modern Lives by Charles W. Collier
Cover of the book Human Rights: Oxford Bibliographies Online Research Guide by Charles W. Collier
Cover of the book Zen Skin, Zen Marrow by Charles W. Collier
Cover of the book Music in Words by Charles W. Collier
Cover of the book Solutions for Singers by Charles W. Collier
Cover of the book The American West: A Very Short Introduction by Charles W. Collier
Cover of the book Retaking Rationality by Charles W. Collier
Cover of the book Marriage and Family: Oxford Bibliographies Online Research Guide by Charles W. Collier
Cover of the book Casebook of Clinical Neuropsychology by Charles W. Collier
Cover of the book The Oxford Handbook of Sound and Image in Western Art by Charles W. Collier
Cover of the book The New Economic Populism by Charles W. Collier
Cover of the book Advancing Evidence-Based Practice Through Program Evaluation by Charles W. Collier
Cover of the book Emerson's Ghosts by Charles W. Collier
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy