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Communication and Legal Interpretation

Coming Soon Communication and Legal Interpretation

Communication and Legal Interpretation

Communication and Legal Interpretation

Author: David Tan
Publisher: Hart Publishing
ISBN: 9781509999279
Published In: November 2026
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,170.00

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Description
Contents

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Is reading a statute or constitutional provision the same act as reading an email or a text message? This book analyses and develops legal communicative theories which answer in the affirmative - language, not morality or fairness, is the primary consideration for legal interpretation.

According to these theories, the aim of legal interpretation is to focus on what was communicated through language. Despite what seems like a simple picture, it is hard to pin down what a legal communicative theory is; even its proponents think that some normative reasoning is necessary when interpreting vague or indeterminate provisions. Opponents of legal communicative theories claim normativity is always present regardless of vagueness or linguistic indeterminacy. Both sides agree that theories of legal interpretation have to be justified by rich normative arguments. Where should a legal communicative theorist draw the line between communication and normativity?

The book shows how we can construct legal communicative theories in a way that maintains the communicative nature of such theories whilst acknowledging that some normative reasoning is inevitable. By working out relevant criteria for legal communicative theories, the book additionally presents a sophisticated account of intentionalism and original intent grounded in the philosophy of language and linguistics: application subjectivism.

1. Introduction

Part One: Theory Construction

2. Basic Concepts

3. The Standard View of Legal Communicative Theories

4. Adequacy Criteria

5. Subjectivism and Successful Communication

6. Application Thesis

Part Two: Resisting Normativity

7. The Normativity Incursions

8. The Justification Incursion

9. The Canon Incursion

10. The Construction Incursion

11. Communicative Inference

12. Communicating the Law

Bibliography

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