David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
Law and Philosophy 8 (3):383-404 (1989)
In this paper I examine the counterfactual test for legislative intention as used in Riggs v. Palmer. The distinction between the speaker's meaning approach and the constructive interpretation approach to statutory interpretation, as made by Dworkin in Law's Empire, is explained. I argue that Dworkin underestimates the potential of the counterfactual test in making the speaker's meaning approach more plausible. I also argue that Dworkin's reasons for rejecting the counterfactual test, as proposed in Law's Empire, are either too weak or unsound. A deeper reason for rejecting the counterfactual test as a method for the speaker's meaning approach is proposed in this paper. The difference between the counterfactual test and other tests for legislative intention which seem also to make use of counterfactual conditions in explained
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
H. E. Baber (1987). How Bad Is Rape? Hypatia 2 (2):125-138.
Gerald J. Erion (2001). The Cartesian Test for Automatism. Minds and Machines 11 (1):29-39.
H. M. Malm (1989). Commodification or Compensation: A Reply to Ketchum. Hypatia 4 (3):128-135.
J. L. Schellenberg (2005). The Hiddenness Argument Revisited. Religious Studies 41 (3):287-303.
Peter J. Taylor (1994). Shifting Frames: From Divided to Distributed Psychologies of Scientific Agents. PSA: Proceedings of the Biennial Meeting of the Philosophy of Science Association 1994:304-310.
P. X. Monaghan (2010). A Novel Interpretation of Plato's Theory of Forms. Metaphysica 11 (1):63-78.
Added to index2009-01-28
Total downloads25 ( #150,108 of 1,792,848 )
Recent downloads (6 months)1 ( #464,764 of 1,792,848 )
How can I increase my downloads?