Flanagan, Brian (2013) Causal Legal Semantics: A Critical Assessment. Journal of Moral Philosophy, 10. pp. 3-24. ISSN 1740-4681
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Abstract
A provision's legal meaning is thought by many to be a function of its literal meaning. To
explain the appearance that lawyers are arguing over a provision's legal meaning and not
just over which outcome would be more prudent or morally preferable, some legal literalists
claim that a provision's literal meaning may be causally, rather than conventionally,
determined. I argue, first, that the proposed explanation is inconsistent with common
intuitions about legal meaning; second, that explaining legal disagreement as a function of
the causally determined meanings of moral terms requires, but lacks, a causal semantics
which is clearly consistent with the scope of moral disagreement. Finally, I suggest that an
element of the theory of language invoked by 'causal' legal literalists might be better
deployed as part oían intentionalist account of legal practice.
Item Type: | Article |
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Keywords: | legal disagreement; causal theory of reference; legal intentionalism; |
Academic Unit: | Faculty of Social Sciences > Law |
Item ID: | 11651 |
Identification Number: | 10.1163/174552412X628832 |
Depositing User: | Brian Flanagan |
Date Deposited: | 07 Nov 2019 16:30 |
Journal or Publication Title: | Journal of Moral Philosophy |
Publisher: | Brill Academic Publishers |
Refereed: | Yes |
Related URLs: | |
URI: | https://mu.eprints-hosting.org/id/eprint/11651 |
Use Licence: | This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here |
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