Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Law And Linguistics: Is There Common Ground?, William D. Popkin
Law And Linguistics: Is There Common Ground?, William D. Popkin
Articles by Maurer Faculty
No abstract provided.
Law And Language: The Role Of Pragmatics In Statutory Interpretation, M. B.W. Sinclair
Law And Language: The Role Of Pragmatics In Statutory Interpretation, M. B.W. Sinclair
Articles by Maurer Faculty
In everyday conversation social conventions constrain our speech and aid understanding of the speech of others. These social conventions have been analyzed by the philosopher H.P. Grice and others. Professor Sinclair explores the applicability of such conventions to statutes and thereby derives a set of pragmatic rules of statutory construction. These rules explain some of the intuitions underlying "canons of construction" and their limitations and provide a basis for understanding and for criticizing some important judicial decisions.
Statutory Interpretation: The Uses And Anatomy Of Context, Reed Dickerson
Statutory Interpretation: The Uses And Anatomy Of Context, Reed Dickerson
Articles by Maurer Faculty
Every communication that is generated by a written instrument consists of two elements which must be considered in arriving at the meaning of the communication. Those elements are: (1) the written vehicle itself, and (2) its surrounding context. The surrounding context which thus completes the communication consists only of those underlying cultural aspects which, when considered in relation to the written vehicle, are: (1) relevant to the written vehicle, (2) reliable, (3) shared by the author and the audience, and (4) relied on by both author and audience to complete the communication. The author suggests that those cultural elements which …
Cooperative Action For Improved Statutory Interpretation, Frank Edward Horack Jr.
Cooperative Action For Improved Statutory Interpretation, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.