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XXV Światowy Kongres Filozofii Prawa i Filozofii Społecznej „Law, science and technology”, Frankfurt nad Menem, 15–20 sierpnia 2011 r.

Mgr Paweł Banaś, Mgr Wojciech Ciszewski

Jagiellonian University


Language:
Polish

Published: Number 2(3)/2011, pp. 118-120.

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53

Filed Under: Reports Tagged With: Paweł Banaś, Wojciech Ciszewski

Against a local theory of meaning for the legal language – some general remarks

Mgr Paweł Banaś

Jagiellonian University


English abstract:
Within philosophy of law as well as philosophy of language one can find a view suggesting that legal and natural languages have two different theories of meaning: meaning externalism and intentionalism accordingly. This view can be interpreted as a metaphysical one, ie. that there are two different kinds of facts that determine that expressions of legal and natural languages mean whatever they mean. For natural language these facts would be intentions of the speaker. Such a view of natural language seem intuitive as the aim of a communication is usually trying to grasp whatever a speaker has in mind. Such a view proves, however, problematic for the legal language. Meaning exteralism for legal language, on the other hand, allows for law to be objective. But it must show how its expressions are meaningful (as content is usually closely related to intentionality). As a result, a satisfactory theory of facts constituting linguistic meaning might require a pressuposition that meaning (also legal or natural) is a social artifact: its content is constituted by some kind of collective intentionality of language users. This solves a numer of problems with both intentionalism and meaning externalism – but also creates new ones that might require further studies.

Keywords: intentionalism, meaning externalism, legal language, natural language, theory of meaning

Language: Polish

Received: 10.10.2016
Accepted: 12.11.2016

Published: Number 1(14)/2017, pp. 7-16.

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Number of downloads:
41

Filed Under: Articles Tagged With: intentionalism, legal language, meaning externalism, natural language, Paweł Banaś, theory of meaning

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embodied cognition order Katarzyna Hanas consumer protection legal moralism constitutional interpretation virtue jurisprudence personal truths political Kantianism Michał Stambulski narratology dynamic interpretation małgorzata król bartłomiej dębski Sabina Kruszyńska Robert Audi moral reasoning phenomenology Kant generative linguistics interest of the individual nullum crimen sine lege law and politics philosophy of mind Krzysztof Goździalski Hans Kelsen Russian theory of law transmission easement access to justice liberty Dawid Bunikowski legal realism judicial character transplants David DeGrazia theory of law definition of the law multiculturalism of law difference Paul Grice prevention Aleksander Olaf Szpojankowski legal ethics social source thesis memory policies legal status of animals monocentrism right to truth codification

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