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  1. Timothy A. O. Endicott (2001). Vagueness in Law. Oxford University Press Uk.
    Vagueness in law leads to indeterminacies in legal rights and obligations in many cases. The book defends that claim and explains its implications for legal theory. Vague language is the book's focus, but vagueness is not merely a linguistic feature of law. Law is necessarily vague. That fact seems to threaten the coherence of the ideal of the rule of law. The book defends a new, coherent articulation of that ideal.
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  2. Janet Ainsworth (2012). Roger W. Shuy: The Language of Defamation Cases. [REVIEW] International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 25 (3):431-437.
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  3. Lucie Pacho Aljanati (forthcoming). Promoting Multilingual Consistency for the Quality of EU Law. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-13.
    The process of elaborating EU legislation includes the activity of translation. Drafting and translation cannot be considered separately but are rather two complementary activities whose aim is the quality of legislation. In order to achieve the required quality of legislation, one guiding principle is consistency of terminology. This study examines the particular case of two terms in German that appeared in the EC Treaty: Entscheidung and Beschluss. The inconsistent use of the two terms was the source of interpretative problems, as (...)
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  4. Lennart Åqvist (2003). Some Remarks on Performatives in the Law. Artificial Intelligence and Law 11 (2-3):105-124.
    This paper contains an analysis of performatives with special attention to performatives in the law. It deals with the possibility to recognise performativity by means of a grammatical-syntactic criterion, the self-verifying and norm-promulgating character of legal performatives, an analysis of the effects of performatives by means of causal logic, the different forms of performativity and a theory of promise-performatives.
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  5. Hrafn Asgeirsson (2015). On the Instrumental Value of Vagueness in the Law. Ethics 125 (2):425-448.
    It is natural to think that law ought not to be vague. After all, law is supposed to guide conduct, and vague law seems poorly suited to do that. Contrary to this common impression, however, a number of authors have argued that vagueness in the law is sometimes a good thing, because it is a means to achieving certain valuable legislative ends. In this article, I argue that many authors—including Timothy Endicott and Jeremy Waldron—wrongly associate vagueness with instrumental roles that (...)
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  6. Hrafn Asgeirsson (2013). Vagueness and Power-Delegation in Law: A Reply to Sorensen. In Michael Freeman & Fiona Smith (eds.), Current Legal Issues: Law and Language. Oxford University Press
    Roy Sorensen has argued that vagueness in the law cannot be justified by appeal to the value of power-delegation, and thereby threatens to take away one of the main reasons for thinking that vagueness can be valuable to law. Delegation of power to officials is justified, he thinks, only if these officials are in a better position to discover whether a particular x is F, a condition not satisfied in cases of vagueness. I argue that Sorensen’s argument is unsound: delegation (...)
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  7. Hrafn Asgeirsson (2012). Vagueness, Comparative Value, and the "Lawmakers' Challenge". Archiv für Rechts- Und Sozialphilosophie 98 (3):299-316.
    In "The Value of Vagueness," Timothy Endicott argues that vague law can be better than precise law. I think he is in many respects correct, but will suggest that we modify and supplement his framework in order to get a firmer grip on what I call the Lawmakers' Challenge: the scenario in which lawmakers find themselves when they must determine whether the consequences of precision are worse than the consequences of vagueness. This will allow us to identify several points of (...)
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  8. Sol Azuelos-Atias (2010). Semantically Cued Contextual Implicatures in Legal Texts. Journal of Pragmatics 42 (3):728-743.
    In this article I discuss one of the linguistic means which enables speakers to represent content in their utterances without expressing it explicitly. I will argue, in line with Wilson and Sperber, that the logical form of the argument encoded by an utterance (however fragmentarily or incompletely) is sufficient as a cue directing the hearers to the implicit content of the speaker's meaning. I will suggest that the logical form of the encoded argument enables the speaker to represent in the (...)
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  9. P. Berckmans (1997). The Semantics of Symbolic Speech. Law and Philosophy 16 (2):145-176.
    More than half a century ago, the Supreme Court held that the free speech protection of the First Amendment is not limited to verbal communication, but also applies to such expressive conduct as saluting a flag or burning a flag. Even though the Supreme Court has decided a number of important cases involving expressive conduct, the Court has never announced any standards for distinguishing such conduct from conduct without communicative value. The aim of this paper is to examine which conceptions (...)
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  10. Brian Bix (2010). Law and Language: How Words Mislead Us. Jurisprudence 1 (1):25-38.
    Our world is full of fictional devices that let people feel better about their situation - through deception and self-deception. The legal realist, Felix Cohen, argued that law and legal reasoning is full of similarly dubious labels and bad reasoning, though of a special kind. He argued that judges, lawyers and legal commentators allow linguistic inventions and conventions to distort their thinking. Like the ancient peoples who built idols out of stone and wood and then asked them for assistance and (...)
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  11. Brian Bix (2010). Will Versus Reason: Truth in Natural Law, Positive Law, and Legal Theory. In Kurt Pritzl (ed.), Truth: Studies of a Robust Presence. Catholic University of America Press
    This article is based on a Lecture given as part of the Franklin J. Matchette Foundation Lecture Series on Truth at the Catholic University of America, School of Philosophy, in 2002. It explores what theorists in the natural law tradition and modern legal theorists have argued about what makes propositions of morality and law true, focusing on the rubric of "reason" as opposed to "will." It seems probable, and perhaps inevitable, that theorists about the nature of truth in morality must (...)
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  12. Brian Bix (1993). Law, Language, and Legal Determinacy. Oxford University Press.
    This book discusses one of the central problems in the philosophy of law--the question of legal determinacy. Is the law a seamless web or are there gaps? Bix argues that the major re-thinking of the common and "common sense" views about law that have been proposed by various recent legal theories is unnecessary. He offers a reconsideration of the role of language in the law, and the way ideas about language have been used and misused in recent legal theory. He (...)
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  13. Gerd Buchdahl (1967). Semantic Sources of the Concept of Law. Synthese 17 (1):54 - 74.
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  14. F. Thomas Burke (2014). Truth, Justice, and the American Pragmatist Way. In Graham Hubbs & Douglas Lind (eds.), Pragmatism, Law, and Language. Routledge 191-204.
    Throughout his many writings Charles Sanders Peirce occasionally presented examples of how to use the pragmatist method of defining one’s terms, having insisted that pragmatism is just that: a methodological stance concerning how best to clarify one’s terminology. One of the more remarkable examples is his definition of the word ‘reality’ with the corollary definition of the word ‘truth’. It is argued here that this definition also supplies for free a corollary definition of the word ‘knowledge’. Moreover, the same type (...)
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  15. Pompeu Casanovas Romeu (ed.) (2007). Trends in Legal Knowledge: The Semantic Web and the Regulation of Electronic Social Systems: Papers From the B-4 Workshop on Artificial Intelligence and Law, May 25th- 27th 2005: Xxii World Congress of Philosophy Ivr '05 Granada, May 24th-29th 2005. [REVIEW] European Press Academic Pub..
  16. Jules L. Coleman & Ori Simchen (2003). 'Law'. Legal Theory 9 (1):1-41.
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  17. Christian Coons & Noah Levin (2011). The Dead Donor Rule, Voluntary Active Euthanasia, and Capital Punishment. Bioethics 25 (5):236-243.
    We argue that the dead donor rule, which states that multiple vital organs should only be taken from dead patients, is justified neither in principle nor in practice. We use a thought experiment and a guiding assumption in the literature about the justification of moral principles to undermine the theoretical justification for the rule. We then offer two real world analogues to this thought experiment, voluntary active euthanasia and capital punishment, and argue that the moral permissibility of terminating any patient (...)
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  18. Luís Duarte D'almeida (2011). Legal Statements and Normative Language. Law and Philosophy 30 (2):167 - 199.
    Can there be a non-reductivist, source-based explanation of the use of normative language in statements describing the law and legal situations? This problem was formulated by Joseph Raz, who also claimed to have solved it. According to his well-known doctrine of 'detached' statements, normative legal statements can be informatively made by speakers who merely adopt, without necessarily sharing, the point of view of someone who accepts that legal norms are justified and ought to be followed. In this paper I defend (...)
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  19. Meiring De Villiers, Substantial Truth in Defamation Law.
    Truth is a complete defense to a defamation charge, but a defendant does not have to prove the literal truth of a defamatory statement to prevail. An effective defense can rely on the substantial truth doctrine. Under the substantial truth doctrine, a defamatory statement is First Amendment-protected if it is factually similar to the pleaded truth, and does not differ from the truth by more than immaterial details. This article presents and analyzes the theory, application, and constitutional foundations of the (...)
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  20. Luís Duarte D'Almeida (2011). Legal Statements and Normative Language. Law and Philosophy 30 (2):167-199.
    Can there be a non-reductivist, source-based explanation of the use of normative language in statements describing the law and legal situations? This problem was formulated by Joseph Raz, who also claimed to have solved it. According to his well-known doctrine of ‘detached’ statements, normative legal statements can be informatively made by speakers who merely adopt, without necessarily sharing, the point of view of someone who accepts that legal norms are justified and ought to be followed. In this paper I defend (...)
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  21. Richard Ekins (2012). The Nature of Legislative Intent. OUP Oxford.
    The idea of legislative intent plays a central role in legal interpretation and constitutional theory, yet is repeatedly challenged as being an illusion. Refuting these challenges, this book develops a robust account of how and why legislatures form intentions, and the importance of these intentions to understanding law and parliamentary democracy.
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  22. Timothy Endicott, Law and Language. Stanford Encyclopedia of Philosophy.
  23. Timothy Endicott (2001). Law is Necessarily Vague. Legal Theory 7 (1):377--83.
    In fact, law is necessarily very vague. So if vagueness is a problem for legal theory, it is a serious problem. The problem has to do with the ideal of the rule of law and with the very idea of law: if vague standards provide no guidance in some cases, how can the life of a community be ruled by law? The problem has long concerned philosophers of law; the papers at this symposium address it afresh by asking what legal (...)
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  24. Timothy Andrew Orville Endicott (2000). Vagueness in Law. Oxford University Press.
    Vagueness in law can lead to indeterminacies in legal rights and obligations. This book responds to the challenges that those indeterminacies pose to theories of law and adjudication.
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  25. Federico Faroldi (2014). The Normative Structure of Responsibility. College Publications.
  26. Michael Freeman & Fiona Smith (eds.) (forthcoming). Current Legal Issues: Law and Language. Oxford University Press.
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  27. John Gibbons (ed.) (1994). Language and the Law. Longman.
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  28. Simone Gittelson, Alex Biedermann, Silvia Bozza & Franco Taroni (2013). Modeling the Forensic Two-Trace Problem with Bayesian Networks. Artificial Intelligence and Law 21 (2):221-252.
    The forensic two-trace problem is a perplexing inference problem introduced by Evett (J Forensic Sci Soc 27:375–381, 1987). Different possible ways of wording the competing pair of propositions (i.e., one proposition advanced by the prosecution and one proposition advanced by the defence) led to different quantifications of the value of the evidence (Meester and Sjerps in Biometrics 59:727–732, 2003). Here, we re-examine this scenario with the aim of clarifying the interrelationships that exist between the different solutions, and in this way, (...)
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  29. Tomasz Gizbert-Studnicki (1987). Is an Empirical Theory of the Language of the Law Possible. In Zygmunt Ziembiński (ed.), Polish Contributions to the Theory and Philosophy of Law. Rodopi 99--114.
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  30. Jeffrey Goldsworthy (2013). Legislative Intention Vindicated? Oxford Journal of Legal Studies 33 (4):821-842.
    This review article examines Richard Ekins’ attempt to defend the concept of legislative intention from influential criticism, and to demonstrate its indispensable and central role in statutory interpretation. He rejects accounts of legislative intention in terms of the aggregation of the intentions of individual legislators, and instead, draws on recent philosophical work on the nature of group agency to propose a unitary model, in which the relevant intention is that of the legislature itself, although it is supported by the ‘interlocking’ (...)
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  31. Marina Gorali (2015). Derecho y Estructuralismo: algo de lo que es preciso hablar en voz alta. Revista Digital de Carrera Docente Facultad de Derecho UBA:30-43.
    ¿Qué relación hay entre derecho y lenguaje? Y ¿entre lenguaje y ley? ¿Cómo se inicia la serie de la juridicidad? ¿Qué la posibilita? Una característica hace de lo humano algo aparte de lo vivo: la palabra. El presente trabajo pretende recorrer parte de esta huella, intentando repensar allí la centralidad del lenguaje en la estructuración misma de la juridicidad. Volverse al lenguaje es, en definitiva –como señala P. Sneh– un gesto político.
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  32. Kent Greenawalt (2010). Legal Interpretation: Perspectives From Other Disciplines and Private Texts. Oxford University Press.
    Introduction: dimensions of inquiry -- Speaker intent and convention; linguistic meaning and pragmatics; Vagueness and indeterminacy: three topics in the philosophy of language -- Literary interpretation, performance art, and related subjects -- Religious interpretation -- General theories of interpretation -- Starting from the bottom: informal instructions -- The law of agency -- Wills -- Contracts -- Judicial alterations of textual provisions: Cy Pres and relatives -- Conclusion and a comparison.
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  33. Adam Grobler (2005). Law Truth and Presupposition. Philosophica 75:89-102.
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  34. By Toby Handfield (2004). Counterlegals and Necessary Laws. Philosophical Quarterly 54 (216):402–419.
    Necessitarian accounts of the laws of nature have an apparent difficulty in accounting for counterlegal conditionals because, despite appearing to be substantive, on the necessitarian thesis they are vacuous. I argue that the necessitarian may explain the apparently substantive content of such conditionals by pointing out the presuppositions of counterlegal discourse. The typical presupposition is that a certain conceptual possibility has been realized; namely, that necessitarianism is false. (The idea of conceptual possibility is explicated in terms of recent work in (...)
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  35. R. Henle (1994). Law, Language, and Legal Determinacy. By Brian Bix . 221 Pp. [REVIEW] American Journal of Jurisprudence 39 (1):493-497.
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  36. K. E. Himma (2007). Conceptual Analysis , the Naturalistic Turn, and Legal Philosophy. In Josep J. Moreso (ed.), Legal Theory: Legal Positivism and Conceptual Analysis: Proceedings of the 22nd Ivr World Congress, Granada 2005, Volume I = Teoría Del Derecho: Positivismo Jurídico y Análisis Conceptual. Franz Steiner Verlag
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  37. H. L. Ho (2008). A Philosophy of Evidence Law: Justice in the Search for Truth. Oxford University Press.
    This book examines the legal and moral theory behind the law of evidence and proof, arguing that only by exploring the nature of responsibility in fact-finding can the role and purpose of much of the law be fully understood. Ho argues that the court must not only find the truth to do justice, it must do justice in finding the truth.
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  38. Graham Hubbs & Douglas Lind (eds.) (2014). Pragmatism, Law, and Language. Routledge.
    This volume puts leading pragmatists in the philosophy of language, including Robert Brandom, in contact with scholars concerned with what pragmatism has come to mean for the law. Each contribution uses the resources of pragmatism to tackle fundamental problems in the philosophy of language, the philosophy of law, and social and political philosophy. In many chapters, the version of pragmatism deployed proves a fruitful approach to its subject matter; in others, shortcomings of the specific brand of pragmatism are revealed. The (...)
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  39. Harold Dwight Lasswell & Nathan Constantin Leites (1949). Language of Politics Studies in Quantitative Semantics. G.W. Stewart.
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  40. Maksymilian T. Madelr, Descriptions of Behavior and Behavioral Concepts in Private Law.
    Every description contains within it a qualifier that allows us to avoid the problem of descriptive regress, and thus allows us to use the description for various purposes. Descriptive regress occurs because no one description can be understood without referring to further descriptions, which themselves require unpacking by reference to further descriptions ad infinitum. There are no fundamental descriptions no descriptions that attain and keep some privileged ontological status. The qualifier works by invoking the normal circumstances in which the description (...)
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  41. James Edwin Mahon (2012). Review of Deception: From Ancient Empires to Internet Dating. [REVIEW] Philosophy in Review 32 (4):275-278.
    In this review of Brooke Harrington's edited collection of essays on deception, written by people from different disciplines and giving us a good "status report" on what various disciplines have to say about deception and lying, I reject social psychologist Mark Frank's taxonomy of passive deception, active consensual deception, and active non-consensual deception (active consensual deception is not deception), as well as his definition of deception as "anything that misleads another for some gain" ("for gain" is a reason for engaging (...)
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  42. Yon Maley (1994). The Language of the Law. In John Gibbons (ed.), Language and the Law. Longman 11--50.
  43. Andrei Marmor (2014). The Language of Law. Oxford University Press Uk.
    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 (...)
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  44. Andrei Marmor (2011). Can the Law Imply More Than It Says? On Some Pragmatic Aspects of Strategic Speech. In Andrei Marmor & Scott Soames (eds.), Philosophical Foundations of Language in the Law. Oxford University Press, Usa
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  45. Andrei Marmor (2009). Social Conventions: From Language to Law. Princeton University Press.
    Social conventions are those arbitrary rules and norms governing the countless behaviors all of us engage in every day without necessarily thinking about them, from shaking hands when greeting someone to driving on the right side of the road. In this book, Andrei Marmor offers a pathbreaking and comprehensive philosophical analysis of conventions and the roles they play in social life and practical reason, and in doing so challenges the dominant view of social conventions first laid out by David Lewis. (...)
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  46. Andrei Marmor (2008). The Pragmatics of Legal Language. Ratio Juris 21 (4):423-452.
    The purpose of this essay is to explore some of the main pragmatic aspects of communication within the legal context. It will be argued that in some crucial respects, the pragmatics of legal language is unique, involving considerations that are not typically present in ordinary conversational contexts. In particular, certain normative considerations that are typically settled in a regular conversational context are unresolved and potentially contentious in the legal case. On the other hand, the essay also argues that a careful (...)
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  47. Andrei Marmor, Meaning and Belief in Constitutional Interpretation.
    The distinction between a concept and its different conceptions plays a prominent role in debates about constitutional interpretation. Proponents of a dynamic reading of the Constitution-espousing interpretation of constitutional concepts according to their contemporary understandings typically rely on the idea that the Constitution entrenches only the general concepts it deploys, without authoritatively favoring any particular conception of them-specifically, without favoring the particular conception of the relevant concept that the framers of the Constitution may have had in mind. Originalists argue, to (...)
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  48. Andrei Marmor & Scott Soames (eds.) (2011). Philosophical Foundations of Language in the Law. Oxford University Press, Usa.
    Machine generated contents note: -- 1. The Value of Vagueness, Timothy Endicott -- 2. Vagueness and the Guidance of Action, Jeremy Waldron -- 3. What Vagueness and Inconsistency tell us about Interpretation, Scott Soames -- 4. Textualism and the Discovery of Rights, John Perry -- 5. The Intentionalism of Textualism, Stephen Neale -- 6. Can the Law Imply More than It Says? On some pragmatic aspects of Strategic Speech, Andrei Marmor -- 7. Modeling Legal Rules, Richard Holton -- 8. Trying (...)
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  49. Marcin Matczak, A Theory That Beats the Theory? Lineages, the Growth of Signs, and Dynamic Legal Interpretation.
    Legal philosophers distinguish between a static and a dynamic interpretation of law. The former assumes that the meaning of the words used in a legal text is set at the moment of its enactment and does not change with time. The latter allows the interpreters to update the meaning and apply a contemporary understanding to the text. The dispute between these competing theories has significant ramifications for social and political life. To take an example, depending on the approach, the term (...)
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  50. Marcin Matczak, Koncepcja wielokrotnych ugruntowań (multiple groundings) i warunki jej zastosowania do języka prawnego – rozważania wstępne.
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