On Legal Inferentialism: Toward a Pragmatics of Semantic Content in Legal Interpretation?

Abstract

In this paper we consider whether a pragmatics of semantic content can be a useful approach to legal interpretation. More broadly speaking, since a pragmatic conception of meaning is a component of inferential semantics, we consider whether an inferentialist approach to legal interpretation can be useful in dealing with some problems of this important aspect of law. In other words, we ask whether Legal Inferentialism is a suitable conception for legal interpretation. In Section 1 we briefly consider the semantics/pragmatics debate in contemporary philosophy of language and in relation to legal interpretation. In Section 2 we discuss the relations between a pragmatics of semantic content and an inferentialist conception of content. In Section 3 we consider how Inferentialism can be applied to legal interpretation. Finally, in Section 4 we consider some possible advantages and drawbacks of Inferentialism applied to legal interpretation and adjudication.1 Remember, however, that the distinction has distinguished ancestors. Consider the Medieval classification (Trivium) according to which Grammar teaches us how to speak correctly, Logic how to speak truly and Rhetoric how to speak elegantly (cf. Moody 1953).

Analogy and Interpretation in Legal Argumentation

“…A semantics following the "principle of context" would do the other way round: first you determine the context, that is the meaning of sentences or complex expressions, then you extract from it the meaning of single words (cf. Searle 1978; for an inferentialist picture of these issues, see Canale and Tuzet 2007). In our case the Court follows rather a compositional semantics, cutting the expression at stake into pieces and determining the meaning of its parts in order to establish the meaning of the whole.…”

An introduction to inferentialism in mathematics education

“…This paper is intended to serve as an introduction to the theory of inferentialism itself. Brandom's work on inferentialism is now being applied across a broad range of disciplines including law, political theory, history as well as education studies (Bakker & Derry, 2011;Canale & Tuzet, 2007;Erman, 2010;Klatt, 2008;Marshall, 2013). The task of providing concrete examples and working through the implications of the theoretical approach is relatively recent.…”

Analogy and Exemplary Reasoning in Legal Discourse

“…In light of this, the semantic content of a legal provision can be conceived of as the set of inferences in which the provision is involved in legal argumentation. We have discussed this idea inCanale and Tuzet, 2007. …”