Finding Written Law


In this paper I argue that textualism is far less attractive as a theory of written law than some of its modern proponents think. For it is not usually sensible to expect the grammatical meaning of a provision to determine its appropriate legal meaning. Factors that are unrelated to grammar in the identification of law (e.g., legal theory, context) do too much of the work. **Draft -- acknowledgments welcome, but please do not cite.**



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Philosophical Investigations.Ludwig Josef Johann Wittgenstein - 1953 - New York, NY, USA: Wiley-Blackwell.
Leviathan.Thomas Hobbes - 1651 - New York: Harmondsworth, Penguin. Edited by C. B. Macpherson.
Convention: A Philosophical Study.David Kellogg Lewis - 1969 - Cambridge, MA, USA: Wiley-Blackwell.

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