Journal article

A NEW INTERPRETIVIST METASEMANTICS FOR FUNDAMENTAL LEGAL DISAGREEMENTS

François Schroeter, Laura Schroeter, Kevin Toh

Legal Theory | Cambridge University Press (CUP) | Published : 2020

Abstract

ABSTRACTWhat does it take for lawyers and others to think or talk about the same legal topic—e.g., defamation, culpability? We argue that people are able to think or talk about the same topic not when they possess a matching substantive understanding of the topic, as traditional metasemantics says, but instead when their thoughts or utterances are related to each other in certain ways. And what determines the content of thoughts and utterances is what would best serve the core purposes of the representational practice within which the thought or utterance is located. In thus favoring a “relational model” in metasemantics, we share Ronald Dworkin's goal of explaining fundamental legal disagre..

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