Synopses & Reviews
Consider this court case: a defendant has traded a gun for drugs, and there is a criminal sentencing provision that stipulates an enhanced punishment if the defendant andldquo;usesandrdquo; a firearm andldquo;during and in relation to a drug trafficking crime.andrdquo; Buying the drugs was obviously a crimeandmdash;but can it be said that the defendant actually andldquo;usedandrdquo; the gun during the crime? This sort of question is at the heart of legal interpretation.
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Legal interpretation is built around one key question: by what standard should legal texts be interpreted? The traditional doctrine is that words should be given their andldquo;ordinary meaningandrdquo;: words in legal texts should be interpreted in light of accepted standards of communication. Yet often, courts fail to properly consider context, refer to unsuitable dictionary definitions, or otherwise misconceive how the ordinary meaning of words should be determined. In this book, Brian Slocum builds his argument for a new method of interpretation by asking glaring, yet largely ignored, questions. What makes one particular meaning the andldquo;ordinaryandrdquo; one, and how exactly do courts conceptualize the elements of ordinary meaning?and#160;Ordinary Meaningand#160;provides a much-needed, revised framework, boldly instructing those involved with the law in how the components of ordinary meaning should properly be identified and developed in our modern legal system.
Synopsis
Brian G. Slocumandrsquo;s Ordinary Meaning offers an extended legal-linguistic analysis of the eponymous interpretive doctrine.and#160; A centuries-old consensus exists among courts and legal scholars that words in legal texts should be interpreted in light of accepted standards of communication.and#160; Therefore the questions of what makes some meaning the ordinary one, and how the determinants of ordinary meaning are identified and conceptualized, are of crucial importance to the interpretation of legal texts.and#160; Arguing against reliance on acontextual dictionary definitions, Ordinary Meaning rigorously explores the contributions that specific context makes to meaning, along with linguistic phenomena such as indexicals and quantifiers.and#160; Slocum provides a theory and a robust general framework for how the determinants of ordinary meaning should be identified and developed.and#160;
About the Author
Brian G. Slocum is a professor of law at the University of the Pacific, McGeorge School of Law in Sacramento, California. and#160;
Table of Contents
Chapter 1. The Ordinary Meaning Doctrine
Chapter 2. Hypothetical Intentionalism and Communicative Content
Chapter 3. The Constitutive and Evidential Aspects of Ordinary Meaning
Chapter 4. Ordinary Meaning, andldquo;What Is Saidandrdquo; and andldquo;What Is Communicatedandrdquo;
Chapter 5. Ordinary Meaning and Lexical Semantics
Chapter 6. Conclusion
Appendix A. Synonyms for Ordinary Meaning
Appendix B. Supreme Court Cases Using Ordinary Meaning
Appendix C. Cases since 1986 Where the Supreme Court Used andldquo;Literal Meaningandrdquo; as a Synonym for Ordinary Meaning
Appendix D. Recent Supreme Court Cases Regarding Ordinary Meaning with Dissenting Opinions
Notes
References
Index