Order in multiplicity: Aristotle on text, context and the rule of law

Abstract
Justice Scalia, among others, has made the question of textual interpretation tantamount to a referendum on whether we are a government that is governed by the 'rule of law' or the 'rule of men'. Interestingly modern reliance on Aristotle, while frequent, also turns out to be selective. This Article examines what Aristotle's theories of interpretation may contribute to a resolution of current problems of statutory interpretation, especially his analysis of different (non-univocal) uses of the same word and conclusion that homonyms are not all random. Associated homonyms allow us to understand related ideas. Recent Aristotelian scholarship permits us to apply Aristotle to the central question of how to interpret a text. Following an explication of Aristotelian methodology, this Article then considers Gregory, an early tax case articulating a non-literal statutory interpretation of 'reorganization' as a paradigm. This methodology could be applied equally to any number of other areas of the law involving issues of statutory interpretation. This Article demonstrates that Aristotle helps us avoid unwarranted assumptions of univocity while providing a positive mechanism for finding order in multiplicity.
Keywords No keywords specified (fix it)
Categories (categorize this paper)
Options
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
 
Download options
PhilPapers Archive


Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 9,357
External links
  •   Try with proxy.
  • Through your library Only published papers are available at libraries
    References found in this work BETA

    No references found.

    Citations of this work BETA

    No citations found.

    Similar books and articles
    Analytics

    Monthly downloads

    Added to index

    2009-01-28

    Total downloads

    2 ( #258,237 of 1,088,784 )

    Recent downloads (6 months)

    0

    How can I increase my downloads?

    My notes
    Sign in to use this feature


    Discussion
    Start a new thread
    Order:
    There  are no threads in this forum
    Nothing in this forum yet.