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Philosophical Foundations of Language in the Law (Hardcover)
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Philosophical Foundations of Language in the Law (Hardcover)
Series: Philosophical Foundations of Law
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This collection brings together the best contemporary philosophical
work in the area of intersection between philosophy of language and
the law. Some of the contributors are philosophers of language who
are interested in applying advances in philosophy of language to
legal issues, and some of the participants are philosophers of law
who are interested in applying insights and theories from
philosophy of language to their work on the nature of law and legal
interpretation. By making this body of recent work available in a
single volume, readers will gain both a general overview of the
various interactions between language and law, and also detailed
analyses of particular areas in which this interaction is manifest.
The contributions to this volume are grouped under three main
general areas: The first area concerns a critical assessment, in
light of recent advances in philosophy of language, of the
foundational role of language in understanding the nature of law
itself. The second main area concerns a number of ways in which an
understanding of language can resolve some of the issues prevalent
in legal interpretation, such as the various ways in which semantic
content can differ from law's assertive content; the contribution
of presuppositions and pragmatic implicatures in understanding what
the law conveys; the role of vagueness in legal language, for
example. The third general topic concerns the role of language in
the context of particular legal doctrines and legal solutions to
practical problems, such as the legal definitions of inchoate
crimes, the legal definition of torture, or the contractual
doctrines concerning default rules.
Together, these three key issues cover a wide range of
philosophical interests in law that can be elucidated by a better
understanding of language and linguistic communication.
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