Off-campus access
Using PhilPapers from home?
Click here to configure this browser for off-campus access.
- James A. E. Macpherson (2010). Legislative Intentionalism and Proxy Agency. Law and Philosophy 29 (1).Intentionalism is the view that statutes should be interpreted in accordance with the intentions of the legislatures that produce them. As a theory of legislative interpretation, intentionalism has been very influential, but it has also been subject to much critical attention. It is claimed that legislatures will seldom have any relevant intentions, and that even if they did, we could not come to know them. I propose a modification of intentionalism that significantly mitigates the severity of these problems. I begin by noting that legislation is seldom (if ever) written by an entire legislature. Instead, it is commonly written by individuals or subgroups acting as proxies on behalf of the legislature. I then argue that the reasons why legislation should be interpreted in accordance with the intentions of legislatures are equally applicable to the intentions of proxies. This is significant because proxies are much more likely to have ascertainable intentions.
Similar books and articles
There has been much written in recent years about whether a pair of subjects could have visual experiences that represented the colors of objects in their environment in precisely the same way, despite differing significantly in what it was like to undergo them, differing that is, in their qualitative character. The possibility of spectrum inversion has been so much debated1 in large part because of the threat that it would pose to the more general doctrine of Intentionalism, according to which the representational content of an experience fixes what it.
In a recent article, ‘An Epistemic Dilemma for Actual Intentionalism’, Saam Trivedi argues that the way we ought to interpret artworks is best understood using the model proposed by hypothetical intentionalism. Trivedi alleges that actual intentionalism faces a serious dilemma, the upshot of which is that actual intentionalists must choose between redundancy and indeterminacy. Largely on the basis of this dilemma, he concludes that even if actual intentionalism is descriptively accurate, it is prescriptively untenable. In this essay, I focus on this alleged dilemma and argue that, contra Trivedi, it fails to undermine the prescriptive legitimacy of moderate actual intentionalism. That is, Trivedi's dilemma does not offer us a good reason to refrain from working to understand works of art under the methodological guidance of actual intentionalism.
This article considers Dworkin's influential argument against legislative intent in chapter 9 of Law's Empire. The argument proves much less than is often assumed for it fails to address the possibility that the institution of the legislature may form and act on intentions. Indeed, analysis of Dworkin's argument lends support to that possibility. Dworkin aims to refute legislative intent in order to elucidate his own theory of statutory interpretation. That theory fails to explain plausibly legislative action. Dworkin's argument does not refute legislative intent but instead suggests there is reason to think that the legislature is capable of intentional action.
This paper is a continuation of a debate between Noël Carroll, who defends intentionalism, and Kent Wilson and myself, who argue that the intentions of artists are not relevant to the interpretation of works of art.
Let intentionalism be the view that what proposition is expressed in context by a sentence containing indexicals depends on the speaker’s intentions. It has recently been argued that intentionalism makes communicative success mysterious and that there are counterexamples to the intentionalist view in the form of cases of mismatch between the intended interpretation and the intuitively correct interpretation. In this paper, I argue that these objections can be met, once we acknowledge that we may distinguish what determines the correct interpretation from the evidence that is available to the audience, as well as from the standards by which we judge whether or not a given interpretation is reasonable. With these distinctions in place, we see that intentionalism does not render communicative success mysterious, and that cases of mismatch between the intended interpretation and the intuitively correct one can easily be accommodated. The distinction is also useful in treating the Humpty Dumpty problem for intentionalism, since it turns out that this can be treated as an extreme special case of mismatch.
Addressing the question of the relation between intentions and action, the considerations which make an intention rational and how this translates into our ...
Appeals to the actual author's intention in order to legitimate an interpretation of a work of literary narrative fiction have generally been considered extraneous in Anglo-American philosophy of literature since Wimsatt and Beardsley's well-known manifesto from the 1940s. For over sixty years now so-called anti-intentionalists have argued that the author's intentions – plans, aims, and purposes considering her work – are highly irrelevant to interpretation. In this paper, I shall argue that the relevance of the actual author's intentions varies in different approaches to fiction, and suggest that fictions are legitimately interpreted intentionally as conversations in a certain kind of reading. My aim is to show that the so-called conversational approach is valid when emphasizing the cognitive content of a fiction and truths it seem to convey, for example, in a philosophical approach to fictions which contain philosophical purport using Sartre's fictional works as paradigmatic, and that anti-intentionalists' arguments against intentionalism do not threaten such an approach.
I clarify Locke’s intentionalism and explain what we might gain by paying more attention to the role of linguistic intentions in the work of the British empiricists.
No categories
Historiographic debates keep returning to issues of authorial intention in the interpretation of texts. This paper offers a response to these debates by differentiating between two versions of intentionalism, termed 'substantive intentionalism' and 'formal intentionalism', according to two different senses of 'identity' in the thesis that assigned meaning is identified with authorial intention, such that these two versions of intentionalism imply different ontological commitments to what are construed as the relevant authorial intentions. These distinctions and arguments are then related to the 'historical intentionalism' of Quentin Skinner and Mark Bevir. The paper argues that in practice historical intentionalism ends up reproducing the arguments of formal intentionalism, and it concludes by raising questions about the value of intentionalism for historians.
I discuss three theories regarding the interpretation of fictional literature: actual intentionalism (author's intentions constrain how their works are to be interpreted), hypothetical intentionalism (interpretations are justified as those most likely intended by a postulated author), and the value-maximizing theory (interpretations presenting the work in the most favourable light are to be preferred). I claim that actual intentionalism cannot account for the appropriateness or legitimacy of some interpretations, or alternatively that it must be weakened to the point that the considerations raised by hypothetical intentionalists and value maximizers come into play. And I argue that hypothetical intentionalism either reduces to the value-maximizing theory, which provides a more accurate and clearer expression of the position than does hypothetical intentionalism, or it mistakenly attributes to hypothesized intentions the kind of force that attaches only to actual intentions.
Discussion of James A. E. Macpherson, Legislative intentionalism and proxy agency
|
|
There are no threads in this forum |
Nothing in this forum yet.

