Online research in philosophy

The term Sustainable Development has been used in many different contexts and consequently has come to represent many different ideas. The purpose of this paper was to explore the underlying meaning of the term Sustainable Development, and to assess the dominant ethic behind such meaning. Through this exploration, we uncovered a change in the semantic meaning of the term, and described what that meaning entails. The term Sustainable Development had the potential, we argue, to stimulate discursive engagement with respect to the future development of society within an ethical framework based around the values of inclusivity, diversity, and integration. The importance of philosophical context within which the term is used influences the definitional process of meaning, and has been simulated into the language of the dominant scientific-economic paradigm. We go on to explore how this meaning change has come about. In doing so we looked to the Enlightenment period and the resulting philosophies to explore the foundations of meaning, and then to the work of Jürgen Habermas to explain how the scientific-economic paradigm came to dominate the meaning of Sustainable Development.

I argue that the dispute between two leading theories of interpretation of legal texts, textual originalism and textual evolutionism, depends on the false presupposition that changes in the way a word is used necessarily require a change in the word’s meaning. Semantic externalism goes a long way towards reconciling these views by showing how a word’s semantic properties can be stable over time, even through vicissitudes of usage. I argue that temporal externalism can account for even more semantic stability, however. Temporal externalism is the theory that the content of an utterance at time t may be determined by developments in linguistic usage subsequent to t . If this semantic theory is correct, then the originalist and evolutionist positions effectively collapse. Originalism is correct in that the original meaning of the text is the meaning that is binding on jurists, but evolutionism is vindicated, as it is the current practices and standards that determine the meaning the text now has, and has always had . Objections to temporal externalism, and to its application to the interpretation of legal texts, are considered and addressed.

Despite their considerable ideological differences, "conservative originalists" such as Robert Bork and "progressive originalists" such as Michael Perry both divide the process of understanding into cognitive (or "objective") and normative (or "subjective") aspects. The determination of the original meaning of the Constitution is methodologically separated from the question how this predetermined meaning should be applied in a particular case. This places both conservative and progressive originalists squarely in the tradition of Romantic hermeneutics, which sought to overcome the uncertainty and imprecision of textual interpretation by developing a "science of interpretation" which purported to be as epistemologically reliable as the methods of the natural sciences.In Truth and Method, Hans-Georg Gadamer argued that the presuppositions of the Romantic quest for epistemological certainty in interpretation are inconsistent with how human beings understand texts. Gadmer's thesis suggests that neither conservative nor progressive originalism is a useful way to investigate questions about the meaning of the Constitution.This essay begins with Gadamer's point that separation of the cognitive or "objective" meaning of a text from its normative or "subjective" application is not consistent with the process of textual understanding. Conservative and progressive originalism each illustrate Gadamer's central point: that the epistemological certainty in interpretation sought by separation of the cognitive from the normative cannot be achieved. That theorists on both the right and the left persist in attempts to guarantee interpretive meaning through "objective" methodologies like originalism is evidence of the extent to which constitutional theory remains confined by the questionable assumptions of the Romantic tradition. One may question the usefulness of an interpretive methodology like originalism that has not come to terms with the argument that it is inconsistent with how human beings actually understand texts.

Much discussion of meaning by philosophers over the last 300 years has been predicated on a Cartesian first-person authority (i.e. “infallibilism”) with respect to what one’s terms mean. However this has problems making sense of the way the meanings of scientific terms develop, an increase in scientific knowledge over and above scientists’ ability to quantify over new entities. Although a recent conspicuous embrace of rigid designation has broken up traditional meaning-infallibilism to some extent, this new dimension to the meaning of terms such as “water” is yet to receive a principled epistemological undergirding (beyond the deliverances of “intuition” with respect to certain somewhat unusual possible worlds). Charles Peirce’s distinctive, naturalistic philosophy of language is mined to provide a more thoroughly fallibilist, and thus more realist, approach to meaning, with the requisite epistemology. Both his pragmatism and his triadic account of representation, it is argued, produce an original approach to meaning, analysing it in processual rather than objectual terms, and opening a distinction between “meaning for us”, the meaning a term has at any given time for any given community and “meaning simpliciter”. the way use of a given term develops over time (often due to a posteriori input from the world which is unable to be anticipated in advance). This account provocatively undermines a certain distinction between “semantics” and “ontology” which is often taken for granted in discussions of realism.

Literal meaning is often identified with conventional meaning. In A Nice Derangement of Epitaphs Donald Davidson argues (1) that literal meaning is distinct from conventional meaning, and (2) that literal meaning is identical to what he calls first meaning. In this paper it is argued that Davidson has established (1) but not (2), that he has succeeded in showing that there is a distinction between literal meaning and conventional meaning but has failed to see that literal meaning and first meaning are also distinct. This failure is somewhat surprising, since it is through a consideration of Davidson's notion of radical interpretation that the distinction between literal meaning and first meaning becomes apparent.

Abstract In Restoring the Lost Constitution, Randy Barnett defends the idea that judges should interpret the U.S. Constitution according to its original public meaning, for in his view the Constitution, rightly understood, satisfies the appropriate normative criterion for determining when a constitution is legitimate and should be followed. As it turns out, however, even if the Constitution did mean what Barnett says it does, it would not meet his criterion of legitimacy, and therefore should not be followed. Moreover, Barnett is just as guilty of reading certain clauses out of the Constitution as are his critics. Given the lack of a persuasive reason to follow the original Constitution consistently, judges must turn to sources of authority other than the Constitution in deciding constitutional cases.

Perhaps you are wondering what I mean by ‘holism’. After all, everyone seems to use the term in a different sense. Even if we restrict ourselves to holism of meaning and content, we have many different holisms. Some take holism about meaning to be the doctrine that if you’ve got one meaning, you’ve got lots of them.2 On other views, to say meaning is holistic is to say that the meaning of each term depends on the meanings of all or most other terms.3 Others take meaning holism to be the doctrine that there is no real distinction between language and theory or between the “dictionary” and the “encyclopedia”.

Semantic originalism is a theory of constitutional meaning that aims to disentangle the semantic, legal, and normative strands of debates in constitutional theory about the role of original meaning in constitutional interpretation and construction. This theory affirms four theses: (1) the fixation thesis, (2) the clause meaning thesis, (3) the contribution thesis, and (4) the fidelity thesis.

The fixation thesis claims that the semantic content of each constitutional provision is fixed at the time the provision is framed and ratified: subsequent changes in linguistic practice cannot change the semantic content of an utterance.

The clause meaning thesis claims that the semantic content is given by the conventional semantic meaning (or original public meaning) of the text with four modifications. The first modification is provided by the publicly available context of constitutional utterance: words and phrases that might be ambiguous in isolation can become clear in light of those circumstances of framing and ratification that could be expected to known to interpreters of the Constitution across time. The second modification is provided by the idea of the division of linguistic labor: some constitutional provisions, such as the natural born citizen clause may be terms of art, the meaning of which are fixed by the usages of experts. The third modification is provided by the idea of constitutional implicature: the constitution may mean things it does not explicitly say. The fourth modification is provided by the idea of constitutional stipulations: the constitution brings into being new terms such as House of Representatives and the meaning of these terms is stipulated by the Constitution itself.

The contribution thesis asserts that the semantic content of the Constitution contributes to the law: the most plausible version of the contribution thesis is modest, claiming that the semantic content of the Constitution provides rules of constitutional law, subject to various qualifications. Our constitutional practice provides strong evidence for the modest version of the contribution thesis.

The fidelity thesis asserts that we have good reasons to affirm fidelity to constitutional law: virtuous citizens and officials are disposed to act in accord with the Constitution; right acting citizens and officials obey the constitution in normal circumstances; constitutional conformity produces good consequences. Our public political culture affirms the great value of the rule of law.

We can summarize semantic originalism as a slogan: The original public meaning of the constitution is the law and for that reason it should be respected and obeyed. The slogan recapitulates each of the claims made by semantic originalism, but it is potentially misleading because it does not clearly distinguish between the semantic claims made by the fixation and clause meaning theses, the legal claim made by the contribution thesis, and the normative claim made by the fidelity t

Much has been written about originalism - the idea that the Constitution should be interpreted according to its original meaning. This essay goes beyond previous works by asserting that originalism may be nearing its demise. Ironically, the beginning of the end of originalism may have been prompted by the Supreme Court's decision in District of Columbia v. Heller, marking the first time that a majority of the Court signed onto an opinion emphatically taking an originalist slant. Heller may represent the apogee of originalism and, because it exposes the fundamental flaws of originalism, may also mark the beginning of its decline. This essay further differs from previous works concerning originalism. First, the essay shows that originalism is a radical departure from the Supreme Court's well-established jurisprudence of a living Constitution. From its very inception, constitutional law has been a dynamic process of creativity and the vast majority of Supreme Court decisions interpreting the Constitution have been non-originalist in their methodology. Originalism cannot explain the large body of constitutional doctrine that has developed over the years since the Constitution was adopted. The essay also focuses on fundamental flaws of originalism neglected in other works. At the most fundamental level, originalism misperceives the nature of history by presuming that it has an objective meaning that can be discovered through assiduous study of ancient material. However, the belief in a hard core of historical facts existing objectively is an illusion. The meaning of the Constitution does not reside in the past, and any attempt to ascertain the original meaning of the Constitution necessarily entails reconstructing the past in one's mind. Originalism, therefore, cannot eliminate the necessity of making value judgments to interpret the Constitution. Rather, it obscures the policy-making function of constitutional interpretation by pretending that the meaning of constitutional provisions can be recovered from historical annals. There is also a serious question of whether past understanding of the Constitution can be meaningfully transposed from one generation to another. Whatever the original meaning of the Constitution may once have been, it was formed in the context of a past reality and in accordance with past attitudes, both of which have changed considerably since the Constitution was drafted. Blindly following the presumed original meaning of constitutional provisions formulated in reaction to past conditions and attitudes that have long since changed is dysfunctional, an instance of cultural lag whereby the meaning of the Constitution is left dormant while the world around it changes. Heller displays all of the flaws of originalism. It succumbs to the illusion that the original meaning of the Second Amendment has an objective existence that can be recovered by studying the past. In falling prey to this illusion, Heller perpetrates a pretense of ob

Constitutional interpretation is problematic because it can be difficult to distinguish legitimate interpretation from illegitimate change. The distinction depends largely on what a constitution is. A constitution, like any other law, necessarily has a meaning, which pre-exists judicial interpretation: it is not a set of meaningless marks on paper. Any plausible constitutional theory must offer an account of the nature of that meaning. In doing so, it must address two main questions. The first is whether the meaning of the constitution is given solely by its words, or also by additional evidence of underlying intentions, purposes or values. The second question is whether, in either case, its meaning is determined by the original meanings, intentions, purposes or values of the founding generation, or by contemporary meanings, intentions, purposes or values. This question divides so-called 'originalists' from 'non-originalists'. This article discusses all these alternatives, and the main arguments for and against them. It is subtitled 'Originalism' because it defends a moderate version of that position; however, it is argued that this is equivalent to a moderate version of non-originalism.