Legal Interpretation and Language Games

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

Basic information

• Original name: Legal Interpretation and Language Games
• Authors: TVRDÍKOVÁ, Linda.
• Edition: Argumentation 2023: International Conference on Alternative Methods of Argumentation in Law, 2023.

Other information

• Original language: English
• Type of outcome: Presentations at conferences
• Field of Study: 50501 Law
• Country of publisher: Czech Republic
• Confidentiality degree: is not subject to a state or trade secret
• Organization unit: Faculty of Law
• Keywords (in Czech): jazykové hry; interpretace; naturalismus; pravidla
• Keywords in English: language games; interpretation; naturalism; rules
• Tags: International impact

Abstract

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.

Links

• MUNI/A/1300/2022, interní kód MU: Name: Konstrukce významu v právu

Investor: Masaryk University, Construction of meaning in law