MURAL - Maynooth University Research Archive Library



    Causal Legal Semantics: A Critical Assessment


    Flanagan, Brian (2013) Causal Legal Semantics: A Critical Assessment. Journal of Moral Philosophy, 10. pp. 3-24. ISSN 1740-4681

    [thumbnail of BF_Casual_2013.pdf]
    Preview
    Text
    BF_Casual_2013.pdf

    Download (1MB) | Preview

    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
    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://mural.maynoothuniversity.ie/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

    Repository Staff Only (login required)

    Item control page
    Item control page

    Downloads

    Downloads per month over past year

    Origin of downloads