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Books > Law > Jurisprudence & general issues > Jurisprudence & philosophy of law
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The Language of Law (Hardcover)
Loot Price: R2,319
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The Language of Law (Hardcover)
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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.
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