2017
DOI: 10.1080/0020174x.2017.1371874
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Assessment sensitivity in legal discourse

Abstract: We explain three phenomena in legal discourse in terms of MacFarlane's assessmentsensitive semantics: incompatible applications of law, assessments of statements about what is legally the case, and retrospective overruling. The claim is that assessment sensitivity fits in with the view, shared by many legal theorists at least with respect to hard cases, that the final adjudicator's interpretation of legal sources is constitutive of the applied norm. We argue that there are strong analogies between certain kind… Show more

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Cited by 3 publications
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