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Nature Of Rules And The Meaning Of Meaning, Kent Greenawalt
Nature Of Rules And The Meaning Of Meaning, Kent Greenawalt
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This essay addresses two problems in legal theory. What is the nature of rules, especially legal rules? What is the meaning of a legal rule?
My main concern is the relation between these two questions. I inquire whether a sensible view of how rules work commits one to any particular approach to meaning. For this inquiry, I focus on Frederick Schauer's illuminating treatment of rules in Playing by the Rules, which he says is linked to a particular view of meaning. I assert that the linkage is much less tight than he supposes, and that competing theories about meaning are …