Results for 'linguistic originalism'

962 found
Order:
  1. The Normativity of Linguistic Originalism: A Speech Act Analysis.John Danaher - 2015 - Law and Philosophy 34 (4):397-431.
    The debate over the merits of originalism has advanced considerably in recent years, both in terms of its intellectual sophistication and its practical significance. In the process, some prominent originalists—Lawrence Solum and Jeffrey Goldsworthy being the two discussed here—have been at pains to separate out the linguistic and normative components of the theory. For these authors, while it is true that judges and other legal decision-makers ought to be originalists, it is also true that the communicated content of (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  2. Semantic Originalism.Lawrence B. Solum - manuscript
    Semantic originalism is a theory of constitutional meaning that aims to disentangle the semantic, legal, and normative strands of debates in constitutional theory about the role of original meaning in constitutional interpretation and construction. This theory affirms four theses: (1) the fixation thesis, (2) the clause meaning thesis, (3) the contribution thesis, and (4) the fidelity thesis. -/- The fixation thesis claims that the semantic content of each constitutional provision is fixed at the time the provision is framed and (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   10 citations  
  3. Philosophy of language, linguistics, and possible lessons about originalism.Kent Greenawalt - 2017 - In Brian G. Slocum (ed.), The nature of legal interpretation: what jurists can learn about legal interpretation from linguistics and philosophy. Chicago: University of Chicago Press.
     
    Export citation  
     
    Bookmark  
  4. Why Originalism Needs Critical Theory: Democracy, Language, and Social Power.Annaleigh Curtis - 2015 - Harvard Journal of Law and Gender 38 (2):437-459.
    I argue here that the existence of hermeneutical injustice as a pervasive feature of our collective linguistic and conceptual resources undermines the originalist task at two levels: one procedural, one substantive. First, large portions of society were (and continue to be) systematically excluded from the process of meaning creation when the Constitution and its Amendments were adopted, so originalism relies on enforcement of a meaning that was generated through an undemocratic process. Second, the original meaning of some words (...)
    Direct download  
     
    Export citation  
     
    Bookmark  
  5. Why the Debate Between Originalists and Evolutionists Rests on a Semantic Mistake.John M. Collins - 2011 - Law and Philosophy 30 (6):645-684.
    I argue that the dispute between two leading theories of interpretation of legal texts, textual originalism and textual evolutionism, depends on the false presupposition that changes in the way a word is used necessarily require a change in the word’s meaning. Semantic externalism goes a long way towards reconciling these views by showing how a word’s semantic properties can be stable over time, even through vicissitudes of usage. I argue that temporal externalism can account for even more semantic stability, (...)
    Direct download (7 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  6.  93
    The challenge of originalism: theories of constitutional interpretation.Grant Huscroft & Bradley W. Miller (eds.) - 2011 - New York: Cambridge University Press.
    Originalism is a force to be reckoned with in constitutional interpretation. At one time a monolithic theory of constitutional interpretation, contemporary originalism has developed into a sophisticated family of theories about how to interpret and reason with a constitution. Contemporary originalists harness the resources of linguistic, moral, and political philosophy to propose methodologies for the interpretation of constitutional texts and provide reasons for fidelity to those texts. The essays in this volume, which includes contributions from the flag (...)
    Direct download  
     
    Export citation  
     
    Bookmark   1 citation  
  7. Common Knowledge, Pragmatic Enrichment and Thin Originalism.John Danaher - 2016 - Jurisprudence 7 (2):267-296.
    The meaning of an utterance is often enriched by the pragmatic context in which it is uttered. This is because in ordinary conversations we routinely and uncontroversially compress what we say, safe in the knowledge that those interpreting us will ‘add in’ the content we intend to communicate. Does the same thing hold true in the case of legal utterances like ‘This constitution protects the personal rights of the citizen’ or ‘the parliament shall have the power to lay and collect (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark  
  8. Surprising originalism: some critical reflections.Marina Gorali - 2019 - Dissertation, Facultad de Derecho Universidad de Buenos Aires
    First of all, I would like to thank to the Philosophy of Law Department for this encounter with Professor Solum. It is really a pleasure meeting you Professor, and having the possibility to discuss this profoundly interesting and courageaus text with my colegues and specially with its author. The adjetive I have just used is not simply politeness, I really think we are in front of a very interesting work not only because of its persuasive humorous rhetoric but mainly because (...)
    No categories
    Direct download  
     
    Export citation  
     
    Bookmark  
  9. Originalism, hermeneutics, and the fixation thesis.Lawrence B. Solum - 2017 - In Brian G. Slocum (ed.), The nature of legal interpretation: what jurists can learn about legal interpretation from linguistics and philosophy. Chicago: University of Chicago Press.
     
    Export citation  
     
    Bookmark  
  10. Getting over the originalist fixation.I. I. I. Francis J. Mootz - 2017 - In Brian G. Slocum (ed.), The nature of legal interpretation: what jurists can learn about legal interpretation from linguistics and philosophy. Chicago: University of Chicago Press.
     
    Export citation  
     
    Bookmark  
  11. Testimony: The Epistemology of Linguistic Acceptance.Peter J. Graham - 2000 - Dissertation, Stanford University
    Committee: Fred Dretske (Advisor), Michael Bratman, Debra Satz, Ken Taylor. My thesis is that testimonial knowledge of particular matters of fact is a species of perceptual (non-inferential) knowledge. There are two rival views. The first holds that testimonial knowledge is a species of inductive knowledge. According to inductivism, we learn from others because we have inductively established that testimony is a reliable source. I argue that this view is too demanding. The second holds that testimonial knowledge is, like memory, preservative. (...)
     
    Export citation  
     
    Bookmark  
  12. Deferentialism, living originalism, and the constitution.Scott Soames - 2017 - In Brian G. Slocum (ed.), The nature of legal interpretation: what jurists can learn about legal interpretation from linguistics and philosophy. Chicago: University of Chicago Press.
     
    Export citation  
     
    Bookmark  
  13.  41
    Expected Applications, Contextual Enrichment, and Objective Communicative Content: The Linguistic Case for Conception Textualism.Asgeirsson Hrafn - 2015 - Legal Theory 21 (3-4):115–135.
    Textualist and originalist legal reasoning usually involves something like the following thesis, whether implicitly or explicitly: the legal content of a statute or constitutional clause is the linguistic content that a reasonable member of the relevant audience would, knowing the context and conversational background, associate with the enactment. In this paper, I elucidate some important aspects of this thesis, emphasizing the important role that contextual enrichment plays in textualist and originalist legal reasoning. The aim is to show how the (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  14. A Uniform, Concretist Metaphysics for Linguistic Types.Giorgio Lando - 2019 - Metaphysica 20 (2):195-221.
    I argue that it is not acceptable to restrict the claim that linguistic types are concrete entities (type-concretism) to some categories of linguistic types (such as words or proper names), while at the same time conceding that other categories of linguistic types (such as sentence types) are abstract entities. Moreover, I suggest a way in which type-concretism can be extended to every linguistic type, thereby responding to the so-called productivity objection to type-concretism, according to which, whenever (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  15. Relativism, Perspectivism, and the Universal Epistemic Language.Michael Lewin - forthcoming - Philosophy of the History of Philosophy.
    Recent research gives perspectivism the status of a stand-alone epistemological research program. As part of this development, it must be distinguished from other epistemologies, especially relativism. Not only do relativists and perspectivists use a similar vocabulary—even the supposed tenets (features of the doctrine) seem to partially overlap. To clarify the relation between these programs, I suggest drawing two important distinctions. The first is between the (1) terminological and (2) doctrinal components of epistemologies, the second between the (2a) analytical and (2b) (...)
    Direct download  
     
    Export citation  
     
    Bookmark  
  16.  98
    Orientation by Means of Original Word Forms and Meanings.Michael Lewin - 2024 - Essays on Orientation Skills in Everyday and Professional Life. Foundation for Philosophical Orientation.
    I advocate for the 'strong view of etymology' and emphasize the value of education in fostering terminological and linguistic competence.
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  17. What is Perspectivism? Что такое перспективизм?Michael Lewin - 2023 - Research Result. Social Studies and Humanities 9 (3):5-14.
    Since Nietzsche, the term “perspectivism” has been used as the name for an ill-defined epistemological position. Some have tried to find an adequate meaning for the word “perspectivism,” tacitly investing it with a set of different predicates, such as “the dependence of cognition on position,” “pluralism,” “anti-universalism,” “epistemic humility,” etc. This approach is related to two contestable attitudes: the monolateral linguistic paradigm and the metaepistemological position of multiplicity of incompatible epistemological programs. The monolateral linguistic paradigm proceeds from the (...)
    Direct download  
     
    Export citation  
     
    Bookmark  
  18. Philosophie zwischen Begriffsanalyse, Begriffsbildung, ‚Begriffsdichtung‘ und ‚Begriffsengineering‘. Wie die ‚Wortanalyse‘ das Vagheitsproblem lösen kann.Michael Lewin - 2024 - In Klassische Deutsche Philosophie: Wege in die Zukunft. Brill | Mentis. pp. 65-89.
    Philosophers conceptualize a lot, generate, analyze, and engineer concepts. They often either equate ‘words’ and ‘concepts’ or consider words only as means of expression of their ‘concepts’. I suggest that philosophers should learn to distinguish between ‘words’ and ‘concepts’. Philosophers’ terms are often incompatible or partially incompatible with philosophers’ ‘concepts’. Examples are ‘isms’ in philosophy and the conception of reason. If ‘talking about the same matter’ is a prerequisite for fruitful philosophical debates, words and their analysis should have at least (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  19.  39
    Rights, Laws and Language.Amartya Sen - 2011 - Oxford Journal of Legal Studies 31 (3):437-453.
    Words have meanings, often more than one. Many words also have evocative power and communicative reach. It is important to look beyond the legal route in making human rights more effective, and to endorse but proceed beyond human rights being seen as motivation only for legislation (the particular connection on which Herbert Hart commented). Within the legal route itself there is the important issue of interpretation of law that can stretch beyond the domain of fresh legislation. In assessing the ‘originalist’ (...)
    Direct download (6 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  20.  44
    Meaning and Belief in Constitutional Interpretation.Andrei Marmor - unknown
    The distinction between a concept and its different conceptions plays a prominent role in debates about constitutional interpretation. Proponents of a dynamic reading of the Constitution-espousing interpretation of constitutional concepts according to their contemporary understandings typically rely on the idea that the Constitution entrenches only the general concepts it deploys, without authoritatively favoring any particular conception of them-specifically, without favoring the particular conception of the relevant concept that the framers of the Constitution may have had in mind. Originalists argue, to (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   4 citations  
  21.  46
    Analytic Philosophy in America: And Other Historical and Contemporary Essays.Scott Soames - 2014 - Princeton, NJ: Princeton University Press.
    In this collection of recent and unpublished essays, leading analytic philosopher Scott Soames traces milestones in his field from its beginnings in Britain and Germany in the late nineteenth and early twentieth century, through its subsequent growth in the United States, up to its present as the world's most vigorous philosophical tradition. The central essay chronicles how analytic philosophy developed in the United States out of American pragmatism, the impact of European visitors and immigrants, the midcentury transformation of the Harvard (...)
    No categories
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   4 citations  
  22. The meaning of original meaning.Mark Greenberg - unknown
    The view (most prominently advocated by Justice Scalia) that original meaning entails the constitutionality of original practices has strong intuitive appeal and has been broadly assumed by originalists and nonoriginalists alike. But the position is mistaken. We suggest that a failure to distinguish between two different notions of meaning accounts for the position's wide currency. According to the first notion, the meaning of a term is roughly what a dictionary definition attempts to convey--the semantic or linguistic understanding necessary to (...)
     
    Export citation  
     
    Bookmark   3 citations  
  23. Kendall L. Walton.Linguistic Relativity - 1973 - In Glenn Pearce & Patrick Maynard (eds.), Conceptual change. Boston,: D. Reidel. pp. 52--1.
     
    Export citation  
     
    Bookmark  
  24. Jay F. Rosenberg.Linguistic Roles & Proper Names - 1978 - In Joseph C. Pitt (ed.), The Philosophy of Wilfrid Sellars: Queries and Extensions: Papers Deriving from and Related to a Workshop on the Philosophy of Wilfrid Sellars held at Virginia Polytechnic Institute and State University 1976. D. Reidel. pp. 12--189.
    No categories
     
    Export citation  
     
    Bookmark  
  25. Ian I-iacking.Linguistically Invariant Inductive Logic - 1970 - In Paul Weingartner & Gerhard Zecha (eds.), Induction, physics, and ethics. Dordrecht,: Reidel.
    No categories
     
    Export citation  
     
    Bookmark  
  26. Derek Bickerton.Prolegomena to A. Linguistic - 1969 - Foundations of Language 5:34.
    No categories
     
    Export citation  
     
    Bookmark  
  27. Ferdinand de saussure.Linguistic Structuralism - 2010 - In Alan D. Schrift (ed.), The History of Continental Philosophy. London: Routledge. pp. 4--221.
     
    Export citation  
     
    Bookmark  
  28. Marshall Durbin and Michael Micklin.Contributions From Linguistics - forthcoming - Foundations of Language.
  29. N. Chomsky.Linguistic Competence - 1985 - In Jerrold J. Katz (ed.), The Philosophy of linguistics. New York: Oxford University Press. pp. 80.
  30. 4.1 Side Effects.Linguistic Side Effects - 2007 - In Chris Barker & Pauline I. Jacobson (eds.), Direct compositionality. New York: Oxford University Press.
     
    Export citation  
     
    Bookmark  
  31.  23
    The Other Languages of England.Malcolm Petyt & Linguistic Minorities Project - 1986 - British Journal of Educational Studies 34 (3):288.
  32. Derivation of Grammatical Sentences: Some Observations on Ancient Indian and.Modern Generative Linguistic Frameworks - 2000 - In Ajay K. Raina, B. N. Patnaik & Monima Chadha (eds.), Science and tradition. Shimla: Inter-University Centre for Humanities and Social Sciences, Indian Institute of Advanced Study.
    No categories
     
    Export citation  
     
    Bookmark  
  33. Isaac Levi.Comments on‘Linguistically Invariant & Inductive Logic’by Ian Hacking - 1970 - In Paul Weingartner & Gerhard Zecha (eds.), Induction, physics, and ethics. Dordrecht,: Reidel.
     
    Export citation  
     
    Bookmark  
  34. Ronald R. Butters.Dialect Variants & Linguistic Deviance - 1971 - Foundations of Language 7:239.
     
    Export citation  
     
    Bookmark  
  35. Linguistic Interventions and Transformative Communicative Disruption.Rachel Katharine Sterken - 2019 - In Alexis Burgess, Herman Cappelen & David Plunkett (eds.), Conceptual Engineering and Conceptual Ethics. New York, USA: Oxford University Press. pp. 417-434.
    What words we use, and what meanings they have, is important. We shouldn't use slurs; we should use 'rape' to include spousal rape (for centuries we didn’t); we should have a word which picks out the sexual harassment suffered by people in the workplace and elsewhere (for centuries we didn’t). Sometimes we need to change the word-meaning pairs in circulation, either by getting rid of the pair completely (slurs), changing the meaning (as we did with 'rape'), or adding brand new (...)
    Direct download  
     
    Export citation  
     
    Bookmark   36 citations  
  36. The Linguistic Determination of Conscious Thought Contents.Agustín Vicente & Marta Jorba - 2017 - Noûs (3):737-759.
    In this paper we address the question of what determines the content of our conscious episodes of thinking, considering recent claims that phenomenal character individuates thought contents. We present one prominent way for defenders of phenomenal intentionality to develop that view and then examine ‘sensory inner speech views’, which provide an alternative way of accounting for thought-content determinacy. We argue that such views fare well with inner speech thinking but have problems accounting for unsymbolized thinking. Within this dialectic, we present (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   18 citations  
  37. Linguistic communication and the semantics/pragmatics distinction.Robyn Carston - 2008 - Synthese 165 (3):321-345.
    Most people working on linguistic meaning or communication assume that semantics and pragmatics are distinct domains, yet there is still little consensus on how the distinction is to be drawn. The position defended in this paper is that the semantics/pragmatics distinction holds between encoded linguistic meaning and speaker meaning. Two other ‘minimalist’ positions on semantics are explored and found wanting: Kent Bach’s view that there is a narrow semantic notion of context which is responsible for providing semantic values (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   50 citations  
  38. Logico-linguistic papers.Peter Frederick Strawson - 1974 - Burlington, VT: Ashgate.
    This reissue of his collection of early essays, Logico-Linguistic Papers, is published with a brand new introduction by Professor Strawson but, apart from minor ...
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   60 citations  
  39.  63
    Linguistic Hijacking.Derek Anderson - 2020 - Feminist Philosophy Quarterly 6 (3).
    This paper introduces the concept of linguistic hijacking, the phenomenon wherein politically significant terminology is co-opted by dominant groups in ways that further their dominance over marginalized groups. Here I focus on hijackings of the words “racist” and “racism.” The model of linguistic hijacking developed here, called the semantic corruption model, is inspired by Burge’s social externalism, in which deference plays a key role in determining the semantic properties of expressions. The model describes networks of deference relations, which (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   4 citations  
  40. Rethinking Linguistic Relativity.John J. Gumperz & Stephen C. Levinson (eds.) - 1996 - Cambridge University Press.
    This book reexamines ideas about linguistic relativity in the light of new evidence and changes in theoretical climate.
    Direct download  
     
    Export citation  
     
    Bookmark   51 citations  
  41. Past the Linguistic Turn?Timothy Williamson - 2004 - In Brian Leiter (ed.), The future for philosophy. New York: Oxford University Press.
     
    Export citation  
     
    Bookmark   17 citations  
  42.  88
    The Routledge Handbook of Linguistic Reference.Heimir Geirsson & Stephen Biggs (eds.) - 2020 - New York: Routledge.
    This Handbook offers students and more advanced readers a valuable resource for understanding linguistic reference; the relation between an expression (word, phrase, sentence) and what that expression is about. The volume’s forty-one original chapters, written by many of today’s leading philosophers of language, are organized into ten parts: I Early Descriptive Theories II Causal Theories of Reference III Causal Theories and Cognitive Significance IV Alternate Theories V Two-Dimensional Semantics VI Natural Kind Terms and Rigidity VII The Empty Case VIII (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  43. Introduction to "Linguistic Justice and Analytic Philosophy".Filippo Contesi & Enrico Terrone - 2018 - Philosophical Papers 47 (1):1-20.
    In recent years, increasing attention has been devoted to the underrepresentation, exclusion or outright discrimination experienced by women and members of other visible minority groups in academic philosophy. Much of this debate has focused on the state of contemporary Anglophone philosophy, which is dominated by the tradition of analytic philosophy. Moreover, there is growing interest in academia and society more generally for issues revolving around linguistic justice and linguistic discrimination (sometimes called ‘linguicism’ or ‘languagism’) (see e.g. Van Parijs (...)
    Direct download (5 more)  
     
    Export citation  
     
    Bookmark   8 citations  
  44. A Linguistic Specification of Aesthetic Judgments.Jochen Briesen - 2019 - British Journal of Aesthetics 59 (4):373-391.
    This paper aims to delineate the class of aesthetic judgments linguistically. The main idea is that aesthetic judgments can be specified by a certain set of assertibility conditions, i.e., by norms that govern appropriate speech-acts. This idea is spelled out in detail and defended against various objections. The suggestion leads to an interesting account of aesthetic judgments that is theoretically fruitful: It provides the basis for a non-circular and satisfying characterization of the whole domain of aesthetic research and it marks (...)
    Direct download (5 more)  
     
    Export citation  
     
    Bookmark   4 citations  
  45.  30
    The Linguistic Formulation of Fallacies Matters: The Case of Causal Connectives.Jennifer Schumann, Sandrine Zufferey & Steve Oswald - 2020 - Argumentation 35 (3):361-388.
    While the role of discourse connectives has long been acknowledged in argumentative frameworks, these approaches often take a coarse-grained approach to connectives, treating them as a unified group having similar effects on argumentation. Based on an empirical study of the straw man fallacy, we argue that a more fine-grained approach is needed to explain the role of each connective and illustrate their specificities. We first present an original corpus study detailing the main features of four causal connectives in French that (...)
    No categories
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   6 citations  
  46.  16
    Modelling with Words: Learning, Fusion, and Reasoning Within a Formal Linguistic Representation Framework.Jonathan Lawry - 2003 - Springer Verlag.
    Modelling with Words is an emerging modelling methodology closely related to the paradigm of Computing with Words introduced by Lotfi Zadeh. This book is an authoritative collection of key contributions to the new concept of Modelling with Words. A wide range of issues in systems modelling and analysis is presented, extending from conceptual graphs and fuzzy quantifiers to humanist computing and self-organizing maps. Among the core issues investigated are - balancing predictive accuracy and high level transparency in learning - scaling (...)
    Direct download  
     
    Export citation  
     
    Bookmark  
  47. Linguistic authority and convention in a speech act analysis of pornography.Nellie Wieland - 2007 - Australasian Journal of Philosophy 85 (3):435 – 456.
    Recently, several philosophers have recast feminist arguments against pornography in terms of Speech Act Theory. In particular, they have considered the ways in which the illocutionary force of pornographic speech serves to set the conventions of sexual discourse while simultaneously silencing the speech of women, especially during unwanted sexual encounters. Yet, this raises serious questions as to how pornographers could (i) be authorities in the language game of sex, and (ii) set the conventions for sexual discourse - questions which these (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   27 citations  
  48. Knowledge-How, Ability, and Linguistic Variance.Masaharu Mizumoto - forthcoming - Episteme:1-23.
    In this paper, we present results of cross-linguistic studies of Japanese and English knowing how constructions that show radical differences in knowledge-how attributions with large effect sizes. The results suggest that the relevant ability is neither necessary nor sufficient for knowledge-how captured by Japanese constructions. We shall argue that such data will open up a gap between otherwise indistinguishable two conceptions of the very topic of knowledge-how, or the debate between intellectualism and anti-intellectualism, namely a debate about the nature (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  49.  62
    Conceptual and Linguistic Distinctions Between Singular and Plural Generics.Sarah-Jane Leslie, Sangeet Khemlani, Sandeep Prasada & Sam Glucksberg - 2009 - Proceedings of the Cognitive Science Society.
    Direct download  
     
    Export citation  
     
    Bookmark   9 citations  
  50. Marfa-Luisa Rivero.Antecedents of Contemporary Logical & Linguistic Analyses in Scholastic Logic - 1973 - Foundations of Language 10:55.
    No categories
     
    Export citation  
     
    Bookmark  
1 — 50 / 962