The Language of Law

Nonfiction, Reference & Language, Law, Jurisprudence, Language Arts
Cover of the book The Language of Law by Andrei Marmor, OUP Oxford
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Andrei Marmor ISBN: 9780191023958
Publisher: OUP Oxford Publication: April 17, 2014
Imprint: OUP Oxford Language: English
Author: Andrei Marmor
ISBN: 9780191023958
Publisher: OUP Oxford
Publication: April 17, 2014
Imprint: OUP Oxford
Language: English

The close connection between philosophy of language and philosophy of law has been recognized for decades through the work of many influential legal philosophers. This volume brings recent advances in philosophy of language to bear on contemporary debates about the nature of law and legal interpretation. The book builds on recent work in pragmatics and speech-act theory to explain how, and to what extent, legal content is determined by linguistic considerations. At the same time, the analysis shows that some of the unique features of communication in the legal domain - in particular, its strategic nature - can be employed to put pressure on certain assumptions in philosophy of language. This enables a more nuanced picture of how semantic and pragmatic determinants of communication work in complex and large-scale systems such as law. Chapters build on explanations of key elements of statutory language, such as the distinction between what is said and what is implicated, the possibility of ascribing truth-values to legal prescriptions and the structure of legal inferences, the various forms of vagueness in the law, the distinctions between vagueness, ambiguity, and polysemy in legal language, and the distinction between concept and conceptions, mostly in the context of constitutional interpretation. The book demonstrates that paying close attention to the kind of speech acts legal directives are, and how they determine the content of the law, enables a better understanding of the boundaries between normative and linguistic determinants of legal content.

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

The close connection between philosophy of language and philosophy of law has been recognized for decades through the work of many influential legal philosophers. This volume brings recent advances in philosophy of language to bear on contemporary debates about the nature of law and legal interpretation. The book builds on recent work in pragmatics and speech-act theory to explain how, and to what extent, legal content is determined by linguistic considerations. At the same time, the analysis shows that some of the unique features of communication in the legal domain - in particular, its strategic nature - can be employed to put pressure on certain assumptions in philosophy of language. This enables a more nuanced picture of how semantic and pragmatic determinants of communication work in complex and large-scale systems such as law. Chapters build on explanations of key elements of statutory language, such as the distinction between what is said and what is implicated, the possibility of ascribing truth-values to legal prescriptions and the structure of legal inferences, the various forms of vagueness in the law, the distinctions between vagueness, ambiguity, and polysemy in legal language, and the distinction between concept and conceptions, mostly in the context of constitutional interpretation. The book demonstrates that paying close attention to the kind of speech acts legal directives are, and how they determine the content of the law, enables a better understanding of the boundaries between normative and linguistic determinants of legal content.

More books from OUP Oxford

Cover of the book The Oxford Handbook of Victorian Literary Culture by Andrei Marmor
Cover of the book Blackstone's Handbook of Cyber Crime Investigation by Andrei Marmor
Cover of the book Oxford Handbook of Critical Care by Andrei Marmor
Cover of the book Law and Morality at War by Andrei Marmor
Cover of the book McKnight, Paterson, & Zakrzewski on the Law of International Finance by Andrei Marmor
Cover of the book Life Unfolding by Andrei Marmor
Cover of the book The Fall of France:The Nazi Invasion of 1940 by Andrei Marmor
Cover of the book Forging a British World of Trade by Andrei Marmor
Cover of the book The Hellenistic Reception of Classical Athenian Democracy and Political Thought by Andrei Marmor
Cover of the book Learning: A Very Short Introduction by Andrei Marmor
Cover of the book Semiclassical Mechanics with Molecular Applications by Andrei Marmor
Cover of the book McMeel on The Construction of Contracts by Andrei Marmor
Cover of the book Rastafari: A Very Short Introduction by Andrei Marmor
Cover of the book Spectres of False Divinity by Andrei Marmor
Cover of the book The Art of Rhetoric by Andrei Marmor
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