Language, Meaning and the Law

Abstract

Preface: The Scope of the Book Introduction: Parables of Language and Law PART I: THEORETICAL FRAMEWORKS 1. Legal Theory and Language 1.1 Natural law and legal positivism 1.2 Formalism and realism 1.3 Liberal rule of law ideology 1.4 Radical approaches to law 1.5 Marxism 1.6 Critical Legal Studies 1.7 Critical Race Theory 1.8 Right-radical approaches to law 1.9 Law and economics 1.10 Luhmann v Habermas: autopoiesis and law 1.11 Conclusion 2. Systems Theory, Normativity and the 'Realist Dilemma' 2.1 Introduction 2.2 Description and prescription in linguistics 2.3 Language as system 2.4 Linguistics and systems theory 2.5 Linguistics: 'not for turning?' 2.6 Reflexivity, ethnomethodology, and systems theory 2.7 Conclusion 3. Philosophy, Law and Language 3.1 Introduction 3.2 Philosophy, language and social order 3.3 The linguistic turn in philosophy as a turn to law 3.4 The social contract of language 3.5 Time and the framing of rules 3.6 Conclusion 4. Issues in Legal Interpretation 4.1 Authority and interpretation 4.2 Dilemmas of legal interpretation 4.3 The 'literal', 'golden' and 'mischief' rules 4.4 Policy as an interpretative tool 4.5 Equitable interpretation 4.6 Conclusion PART II: SELECTED TOPICS 5. Literal Meaning, the Dictionary and the Law 5.1 Introduction 5.2 Literal meaning, dictionaries and law 5.3 Textualism in US jurisprudence 5.4 Dictionaries and linguists 5.5 Conclusion 6. Representation, Reproduction and Intention 6.1 T-shirts and triads 6.2 Genuine fakes: the counterfeit artist 6.3 Taboo language and 'images that wound' 6.4 Conclusion: who is to blame? 7. Idols of the Market 7.1 Introduction: signs in circulation 7.2 Trademark law 7.3 Conclusion: trademarks and the commodification of the public sphere PART III: KEY ISSUES 8. Insider Judges And Outsider Critics 9. Hard Cases And Ideal Interpreters 10. The Judge As Tennis Umpire 11. The Golden Mean? 12. Reflexivity And Garfinkel's Dystopia Of Reasons 13. The Single Meaning Rule And Defamation Law PART IV 14. Conclusion: The Semiotics of Law, Language and Money Appendices: Discussion Materials and Exercises Further Reading References Legal Cases Cited.

Cite this work

No public copy is stored for this record, so only the metadata is cited.

Stored only when both papers are in the corpus — 63 citations exist upstream.

Papers that cite the same references — the relational fallback while embeddings are still backfilling.