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Author: Janet Giltrow
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 150150472X
Category : Language Arts & Disciplines
Languages : en
Pages : 384
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Book Description
In legal interpretation, where does meaning come from? Law is made from language, yet law, unlike other language-related disciplines, has not so far experienced its "pragmatic turn" towards inference and the construction of meaning. This book investigates to what extent a pragmatically based view of l linguistic and legal interpretation can lead to new theoretical views for law and, in addition, to practical consequences in legal decision-making. With its traditional emphasis on the letter of the law and the immutable stability of a text as legal foundation, law has been slow to take the pragmatic perspective: namely, the language-user 's experience and activity in making meaning. More accustomed to literal than to pragmatic notions of meaning, that is, in the text rather than constructed by speakers and hearers the disciplines of law may be culturally resistant to the pragmatic turn. By bringing together the different but complementary perspectives of pragmaticians and lawyers, this book addresses the issue of to what extent legal meaning can be productively analysed as deriving from resources beyond the text, beyond the letter of the law. This collection re-visits the feasibility of the notion of literal meaning for legal interpretation and, at the same time, the feasibility of pragmatic meaning for law. Can explications of pragmatic meaning support court actions in the same way concepts of literal meaning have traditionally supported statutory interpretations and court judgements? What are the consequences of a user-based view of language for the law, in both its practices of interpretation and its definition of itself as a field? Readers will find in this collection means of approaching such questions, and promising routes for inquiry into the genre- and field-specific characteristics of inference in law. In many respects, the problem of literal vs. pragmatic meaning confined to the text vs. reaching beyond it will appear to parallel the dichotomy in law between textualism and intentionalism. There are indeed illuminating connections between the pair of linguistic terms and the more publicly controversial legal ones. But the parallel is not exact, and the linguistic dichotomy is in any case anterior to the legal one. Even as linguistic-pragmatic investigation may serve legal domains, the legal questions themselves point back to central conditions of all linguistic meaning.
Author: Janet Giltrow
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 150150472X
Category : Language Arts & Disciplines
Languages : en
Pages : 384
Get Book Here
Book Description
In legal interpretation, where does meaning come from? Law is made from language, yet law, unlike other language-related disciplines, has not so far experienced its "pragmatic turn" towards inference and the construction of meaning. This book investigates to what extent a pragmatically based view of l linguistic and legal interpretation can lead to new theoretical views for law and, in addition, to practical consequences in legal decision-making. With its traditional emphasis on the letter of the law and the immutable stability of a text as legal foundation, law has been slow to take the pragmatic perspective: namely, the language-user 's experience and activity in making meaning. More accustomed to literal than to pragmatic notions of meaning, that is, in the text rather than constructed by speakers and hearers the disciplines of law may be culturally resistant to the pragmatic turn. By bringing together the different but complementary perspectives of pragmaticians and lawyers, this book addresses the issue of to what extent legal meaning can be productively analysed as deriving from resources beyond the text, beyond the letter of the law. This collection re-visits the feasibility of the notion of literal meaning for legal interpretation and, at the same time, the feasibility of pragmatic meaning for law. Can explications of pragmatic meaning support court actions in the same way concepts of literal meaning have traditionally supported statutory interpretations and court judgements? What are the consequences of a user-based view of language for the law, in both its practices of interpretation and its definition of itself as a field? Readers will find in this collection means of approaching such questions, and promising routes for inquiry into the genre- and field-specific characteristics of inference in law. In many respects, the problem of literal vs. pragmatic meaning confined to the text vs. reaching beyond it will appear to parallel the dichotomy in law between textualism and intentionalism. There are indeed illuminating connections between the pair of linguistic terms and the more publicly controversial legal ones. But the parallel is not exact, and the linguistic dichotomy is in any case anterior to the legal one. Even as linguistic-pragmatic investigation may serve legal domains, the legal questions themselves point back to central conditions of all linguistic meaning.
Author: Janet Giltrow
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 1501504681
Category : Language Arts & Disciplines
Languages : en
Pages : 359
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Book Description
In legal interpretation, where does meaning come from? Law is made from language, yet law, unlike other language-related disciplines, has not so far experienced its "pragmatic turn" towards inference and the construction of meaning. This book investigates to what extent a pragmatically based view of l linguistic and legal interpretation can lead to new theoretical views for law and, in addition, to practical consequences in legal decision-making. With its traditional emphasis on the letter of the law and the immutable stability of a text as legal foundation, law has been slow to take the pragmatic perspective: namely, the language-user 's experience and activity in making meaning. More accustomed to literal than to pragmatic notions of meaning, that is, in the text rather than constructed by speakers and hearers the disciplines of law may be culturally resistant to the pragmatic turn. By bringing together the different but complementary perspectives of pragmaticians and lawyers, this book addresses the issue of to what extent legal meaning can be productively analysed as deriving from resources beyond the text, beyond the letter of the law. This collection re-visits the feasibility of the notion of literal meaning for legal interpretation and, at the same time, the feasibility of pragmatic meaning for law. Can explications of pragmatic meaning support court actions in the same way concepts of literal meaning have traditionally supported statutory interpretations and court judgements? What are the consequences of a user-based view of language for the law, in both its practices of interpretation and its definition of itself as a field? Readers will find in this collection means of approaching such questions, and promising routes for inquiry into the genre- and field-specific characteristics of inference in law. In many respects, the problem of literal vs. pragmatic meaning confined to the text vs. reaching beyond it will appear to parallel the dichotomy in law between textualism and intentionalism. There are indeed illuminating connections between the pair of linguistic terms and the more publicly controversial legal ones. But the parallel is not exact, and the linguistic dichotomy is in any case anterior to the legal one. Even as linguistic-pragmatic investigation may serve legal domains, the legal questions themselves point back to central conditions of all linguistic meaning.
Author: Janet Giltrow
Publisher: ISSN
ISBN: 9781501518942
Category : Language Arts & Disciplines
Languages : en
Pages : 0
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Book Description
This collection of contributions from both linguists and lawyers brings a pragmatic perspective to the linguistic basis for legal meaning and for finding a norm by which to decide a case. That is, it turns from notions of linguistic meaning as resid
Author: William Rehg
Publisher: MIT Press
ISBN: 0262264307
Category : Philosophy
Languages : en
Pages : 465
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Book Description
The essays in this volume reflect on and expand Frankfurt School critical theory as reformulated after World War II by Karl-Otto Apel, Jürgen Habermas, and others. Frankfurt School critical theory since the pragmatic turn has become a richer source of critical analysis that is at the same time socially and politically more effective. The essays are dedicated to Thomas McCarthy, who has done perhaps more than any other scholar to introduce English-speaking audiences to contemporary German critical theory. The book is organized into three parts. Part one deals with social theory and the rational basis of communication, including basic issues raised by the pragmatic turn. Part two examines conceptions of autonomy and the self. Part three deals with political theory, focusing on problems stemming from sociocultural pluralism. Together, the essays provide an overview of the latest developments in Frankfurt School critical theory as it responds to the challenges of pragmatism and social pluralism.
Author: William Egginton
Publisher: State University of New York Press
ISBN: 0791485137
Category : Philosophy
Languages : en
Pages : 269
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Book Description
The Pragmatic Turn in Philosophy explores how the various discursive strategies of old and new pragmatisms are related, and what their pertinence is to the relationship between pragmatism and philosophy as a whole. The contributors bridge the divide between analytic and continental philosophy through a transcontinental desire to work on common problems in a common philosophical language. Irrespective of which side of the divide one stands on, pragmatic philosophy has gained ascendancy over the traditional concerns of a representationalist epistemology that has determined much of the intellectual and cultural life of modernity. This book details how contemporary philosophy will emerge from this recognition and that, in fact, this emergence is already underway.
Author: Richard J. Bernstein
Publisher: John Wiley & Sons
ISBN: 0745659454
Category : Language Arts & Disciplines
Languages : en
Pages : 267
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Book Description
In this major new work, Richard J. Bernstein argues that many of the most important themes in philosophy during the past one hundred and fifty years are variations and developments of ideas that were prominent in the classical American pragmatists: Charles S. Peirce, William James, John Dewey and George H Mead. Pragmatism begins with a thoroughgoing critique of the Cartesianism that dominated so much of modern philosophy. The pragmatic thinkers reject a sharp dichotomy between subject and object, mind-body dualism, the quest for certainty and the spectator theory of knowledge. They seek to bring about a sea change in philosophy that highlights the social character of human experience and normative social practices, the self-correcting nature of all inquiry, and the continuity of theory and practice. And they-especially James, Dewey, and Mead-emphasize the democratic ethical-political consequences of a pragmatic orientation. Many of the themes developed by the pragmatic thinkers were also central to the work of major twentieth century philosophers like Wittgenstein and Heidegger, but the so-called analytic-continental split obscures this underlying continuity. Bernstein develops an alternative reading of contemporary philosophy that brings out the persistence and continuity of pragmatic themes. He critically examines the work of leading contemporary philosophers who have been deeply influenced by pragmatism, including Hilary Putnam, Jürgen Habermas, Richard Rorty, and Robert Brandom, and he explains why the discussion of pragmatism is so alive, varied and widespread. This lucid, wide-ranging book by one of America's leading philosophers will be compulsory reading for anyone who wants to understand the state of philosophy today.
Author: Francesca Poggi
Publisher: Springer
ISBN: 3319446010
Category : Language Arts & Disciplines
Languages : en
Pages : 480
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Book Description
This volume is the second part of a project which hosts an interdisciplinary discussion about the relationship among law and language, legal practice and ordinary conversation, legal philosophy and the linguistics sciences. An international group of authors, from cognitive science, philosophy of language and philosophy of law question about how legal theory and pragmatics can enrich each other. In particular, the first part is devoted to the analysis of how pragmatics can solve problems related to legal theory: What can pragmatics teach about the concept of law and its relationship with moral, and, in particular, about the eternal dispute between legal positivism and legal naturalism? What can pragmatics teach about the concept of law and/or legal disagreements? The second part is focused on legal adjudication: it aims to construct a pragmatic apparatus appropriate to legal trial and/or to test the tenure of the traditional pragmatics tools in the field. The authors face questions such as: Which interesting pragmatic features emerge from legal adjudication? What pragmatic theories are better suited to account for the practice of judgment or its particular aspects (such as the testimony or the binding force of legal precedents)? Which pragmatic and socio-linguistic problems are highlighted by this practice?
Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 9780674042292
Category : Law
Languages : en
Pages : 428
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Book Description
A liberal state is a representative democracy constrained by the rule of law. Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making. Posner argues that democracy is best viewed as a competition for power by means of regular elections. Citizens should not be expected to play a significant role in making complex public policy regarding, say, taxes or missile defense. The great advantage of democracy is not that it is the rule of the wise or the good but that it enables stability and orderly succession in government and limits the tendency of rulers to enrich or empower themselves to the disadvantage of the public. Posner’s theory steers between political theorists’ concept of deliberative democracy on the left and economists’ public-choice theory on the right. It makes a significant contribution to the theory of democracy—and to the theory of law as well, by showing that the principles that inform Schumpeterian democratic theory also inform the theory and practice of adjudication. The book argues for law and democracy as twin halves of a pragmatic theory of American government.
Author: Michael Townsen Hicks
Publisher: Oxford University Press
ISBN: 0192645994
Category : Science
Languages : en
Pages : 301
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Book Description
Humean Laws for Human Agents presents cutting-edge research by leading experts on the Humean account of laws, chance, possibility, and necessity. A central question in metaphysics and philosophy of science is: What are laws of nature? Humeans hold that laws are not sui generis metaphysical entities but merely particularly effective summaries of what actually happens. The most discussed recent work on Humeanism emphasizes the laws' usefulness for limited agents and uses pragmatic considerations to address fundamental and long-standing problems. The current volume develops and critically examines pragmatic Humean accounts, with innovative new work on the epistemology of laws and chance, the problem of induction, counterfactuals, special science laws, and a Humean account of essence. Taken together, the papers provide a roadmap for developing pragmatic Humeanism and connate views, setting the agenda for future research.
Author: Andreas K. Engel
Publisher: MIT Press
ISBN: 0262545772
Category : Science
Languages : en
Pages : 433
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Book Description
Experts from a range of disciplines assess the foundations and implications of a novel action-oriented view of cognition. Cognitive science is experiencing a pragmatic turn away from the traditional representation-centered framework toward a view that focuses on understanding cognition as “enactive.” This enactive view holds that cognition does not produce models of the world but rather subserves action as it is grounded in sensorimotor skills. In this volume, experts from cognitive science, neuroscience, psychology, robotics, and philosophy of mind assess the foundations and implications of a novel action-oriented view of cognition. Their contributions and supporting experimental evidence show that an enactive approach to cognitive science enables strong conceptual advances, and the chapters explore key concepts for this new model of cognition. The contributors discuss the implications of an enactive approach for cognitive development; action-oriented models of cognitive processing; action-oriented understandings of consciousness and experience; and the accompanying paradigm shifts in the fields of philosophy, brain science, robotics, and psychology. Contributors Moshe Bar, Lawrence W. Barsalov, Olaf Blanke, Jeannette Bohg, Martin V. Butz, Peter F. Dominey, Andreas K. Engel, Judith M. Ford, Karl J. Friston, Chris D. Frith, Shaun Gallagher, Antonia Hamilton, Tobias Heed, Cecilia Heyes, Elisabeth Hill, Matej Hoffmann, Jakob Hohwy, Bernhard Hommel, Atsushi Iriki, Pierre Jacob, Henrik Jörntell, Jürgen Jost, James Kilner, Günther Knoblich, Peter König, Danica Kragic, Miriam Kyselo, Alexander Maye, Marek McGann, Richard Menary, Thomas Metzinger, Ezequiel Morsella, Saskia Nagel, Kevin J. O'Regan, Pierre-Yves Oudeyer, Giovanni Pezzulo, Tony J. Prescott, Wolfgang Prinz, Friedemann Pulvermüller, Robert Rupert, Marti Sanchez-Fibla, Andrew Schwartz, Anil K. Seth, Vicky Southgate, Antonella Tramacere, John K. Tsotsos, Paul F. M. J. Verschure, Gabriella Vigliocco, Gottfried Vosgerau
