Nature of Legal Interpretation

What Jurists Can Learn about Legal Interpretation from Linguistics and Philosophy

Slocum Brian G.

Language shapes and reflects how we think about the world. It engages and intrigues us. Our everyday use of language is quite effortless – we are all experts on our native tongues. Despite this, issues of language and meaning have long flummoxed the judges on whom we depend for the interpretation of our most fundamental legal texts. Should a judge feel confident in defining common words in the texts without the aid of a linguist? How is the meaning communicated by the text determined? Should the communicative meaning of texts be decisive, or at least influential? To fully engage and probe these questions of interpretation, this volume draws upon a variety of experts from several fields, who collectively examine the interpretation of legal texts. In "The Nature of Legal Interpretation", the contributors argue that the meaning of language is crucial to the interpretation of legal texts, such as statutes, constitutions, and contracts. Accordingly, expert analysis of language from linguists, philosophers, and legal scholars should influence how courts interpret legal texts. Offering insightful new interdisciplinary perspectives on originalism and legal interpretation, these essays put forth a significant and provocative discussion of how best to characterize the nature of language in legal texts.

About the Author

Brian G. Slocum is a professor of law at the University of the Pacific, McGeorge School of Law in Sacramento, California.

Reviews

"Slocum's book is a useful addition to the literature on interpretation. His knowledge of linguistics provides the reader with a comprehensive account of meaning and conventionality in a neighboring field of study".-The Cambridge Law Journal

"This volume of essays considers the question of whether insights from linguistics, philosophy, and psychology could contribute to better methodologies for determining the meaning of legal texts, and goes on to ask the even more provocative normative question, namely, if law should ground the search for meaning in legal texts in what we know from those other disciplines about the relationship of texts and meaning. At a time when legal scholarship on textual interpretation has become increasingly stale, sterile, and formulaic, this collection of interdisciplinarily grounded essays from leading scholars is indeed a breath of fresh air" – Janet Ainsworth, Seattle University

"'The Nature of Legal Interpretation' is an excellent anthology – well conceived and well executed. The contributors are first-rate, and their contributions reflect that. The theoretical basis of legal interpretation is experiencing a boom period in academic interest and controversy right now. The proper approach to interpreting the Constitution and statutes is of incredible importance, and its importance is being relearned in the wake of Supreme Court opinions interpreting the Second Amendment, the Affordable Care Act, and the due process clause. Although there has been a lot written on the topic in the last decade, most of it has been the product of legally trained academics with little sophistication in linguistic philosophy. 'The Nature of Legal Interpretation' fills that gap and provides much-needed clarity and complexity to how we understand contemporary legal disputes" – Larry Alexander, University of San Diego

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