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Journal of the Polish Section of IVR (ISSN:2082-3304)

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

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politics of memory public sphere inference Summa iniuria aesthetics general legal theories extra legem gap popular culture contra legem gap subsidiarity principle autonomy legal disagreement principles of criminal law exploitation Łukasz Mirocha social ethics Marta Soniewicka skepticism impartiality and independence of judges respect for law Hobbes theory of legislation clarity of law narrative economic theory of law subjectivity/structure legal cinematography politicisation lawyers’ professional self-government social responsibility reflexivity second-order rules of legal interpretation multiculturalism of law primatology conventional acts in law collective memory reflexive law public interest advocate access to justice meaning externalism religious freedom fidelity to the constitution Katarzyna Krzyżanowska cultural pluralism Mateusz Wojtanowski global constitutionalism Beata Polanowska-Sygulska materialism law-maiking political theory

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