European University Institute Library

Ordinary meaning, a theory of the most fundamental principle of legal interpretation, Brian G. Slocum

eng

Includes bibliographical references (pages 323-344) and index

illustrations

index present

non fiction

Ordinary meaning

bibliography

906762144

Brian G. Slocum

a theory of the most fundamental principle of legal interpretation

Consider this court case: a defendant has traded a gun for drugs, and there in a criminal sentencing provision that stipulates an enhanced punishment if the defendant uses a firearm during and in relation to a drug trafficking crime. Buying the drugs was obviously a crime<U+0127> but can it be said that the defendant actually used the gun during the crime? This sort of question is at the heart of legal interpretation. 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 ordinary meaning: 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 ordinary one, and how exactly do courts conceptualize the elements of ordinary meaning? Ordinary Meaning 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.--, Provided by Publisher

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, What Is Said and What Is Communicated 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 Literal Meaning as a Synonym for Ordinary Meaning Appendix D. Recent Supreme Court Cases Regarding Ordinary Meaning with Dissenting Opinions Notes References Index