Legal Interpretation and Language Games

k 2023

Legal Interpretation and Language Games

TVRDÍKOVÁ, Linda

Základní údaje

Originální název

Legal Interpretation and Language Games

Autoři

TVRDÍKOVÁ, Linda

Vydání

Argumentation 2023: International Conference on Alternative Methods of Argumentation in Law, 2023

Další údaje

Jazyk

angličtina

Typ výsledku

Prezentace na konferencích

Obor

50501 Law

Stát vydavatele

Česká republika

Utajení

není předmětem státního či obchodního tajemství

Označené pro přenos do RIV

Organizační jednotka

Právnická fakulta

Klíčová slova česky

jazykové hry; interpretace; naturalismus; pravidla

Klíčová slova anglicky

language games; interpretation; naturalism; rules

Příznaky

Mezinárodní význam

Změněno: 3. 4. 2024 12:16, Mgr. Petra Georgala

Anotace

V originále

In this paper we will focus on a very popular topic among legal theorists, which is the interpretation of normative legal texts. The perspective we will choose for its analysis will be based on the philosophy of language, specifically the philosophy of Wittgenstein, Sellars and Brandom. We will thus view the interpretation of law as a language game. In this way, we will be able to explain how it is that the meaning of particular provisions shifts and changes depending on the practice of those who play the game. In the case of legal interpretation, then, the most important actors are those who authoritatively interpret and apply the law. This fact has been pointed out by H. L. A. Hart. Thus, we will see that meaning is not a static entity that is bound by some referent (indeed, as we know, many legal concepts have no referent in the physical world), but is a dynamic entity that is constituted precisely through this linguistic practice of ours, which is of course bound to the physical world, but not only to it. Especially when discussing law, then its ambition is not usually to describe the physical world, but to "build" the social world in its own specific way, to create order in it and to set explicit rules for its functioning. In this paper we will focus in particular on the discussion of how it is possible to play this game, where implicit rules play a significant role. We will argue that this is due to the fact that man is a normative creature, i.e. that he sees rules all around him. We will also use Wilfrid Sellars' philosophy to defend this position, backed up by the findings of cognitive science. This will be an interdisciplinary exploration of the issue.

Návaznosti

MUNI/A/1300/2022, interní kód MU

Název: Konstrukce významu v právu

Investor: Masarykova univerzita, Konstrukce významu v právu

Citovat

TVRDÍKOVÁ, Linda. Legal Interpretation and Language Games. In Argumentation 2023: International Conference on Alternative Methods of Argumentation in Law. 2023.

@proceedings{2329297,
   author = {Tvrdíková, Linda},
   booktitle = {Argumentation 2023: International Conference on Alternative Methods of Argumentation in Law},
   keywords = {language games; interpretation; naturalism; rules},
   language = {eng},
   title = {Legal Interpretation and Language Games},
   year = {2023}
}

TY  - CONF
ID  - 2329297
AU  - Tvrdíková, Linda
PY  - 2023
TI  - Legal Interpretation and Language Games
KW  - language games
KW  - interpretation
KW  - naturalism
KW  - rules
N2  - In this paper we will focus on a very popular topic among legal theorists, which is the interpretation of normative legal texts. The perspective we will choose for its analysis will be based on the philosophy of language, specifically the philosophy of Wittgenstein, Sellars and Brandom. We will thus view the interpretation of law as a language game. In this way, we will be able to explain how it is that the meaning of particular provisions shifts and changes depending on the practice of those who play the game. In the case of legal interpretation, then, the most important actors are those who authoritatively interpret and apply the law. This fact has been pointed out by H. L. A. Hart. Thus, we will see that meaning is not a static entity that is bound by some referent (indeed, as we know, many legal concepts have no referent in the physical world), but is a dynamic entity that is constituted precisely through this linguistic practice of ours, which is of course bound to the physical world, but not only to it. Especially when discussing law, then its ambition is not usually to describe the physical world, but to "build" the social world in its own specific way, to create order in it and to set explicit rules for its functioning. In this paper we will focus in particular on the discussion of how it is possible to play this game, where implicit rules play a significant role. We will argue that this is due to the fact that man is a normative creature, i.e. that he sees rules all around him. We will also use Wilfrid Sellars' philosophy to defend this position, backed up by the findings of cognitive science. This will be an interdisciplinary exploration of the issue.
ER  -

TVRDÍKOVÁ, Linda. Legal Interpretation and Language Games. In \textit{Argumentation 2023: International Conference on Alternative Methods of Argumentation in Law}. 2023.

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