Communication and Legal Interpretation

Erscheinungsjahr 2026
ISBN: 978-1-5099-9927-9
Verlag: Bloomsbury Publishing plc

Buch, Englisch, 336 Seiten, Hardback, Format (B × H): 156 mm x 234 mm, Gewicht: 474 g

Reihe: Hart Publishing

Is reading a statute or constitutional provision the same act as reading an email or a text message? This book analyses and develops legal communicative theories which answer in the affirmative - language, not morality or fairness, is the primary consideration for legal interpretation.

According to these theories, the aim of legal interpretation is to focus on what was communicated through language. Despite what seems like a simple picture, it is hard to pin down what a legal communicative theory is; even its proponents think that some normative reasoning is necessary when interpreting vague or indeterminate provisions. Opponents of legal communicative theories claim normativity is always present regardless of vagueness or linguistic indeterminacy. Both sides agree that theories of legal interpretation have to be justified by rich normative arguments. Where should a legal communicative theorist draw the line between communication and normativity?

The book shows how we can construct legal communicative theories in a way that maintains the communicative nature of such theories whilst acknowledging that some normative reasoning is inevitable. By working out relevant criteria for legal communicative theories, the book additionally presents a sophisticated account of intentionalism and original intent grounded in the philosophy of language and linguistics: application subjectivism.

Autoren/Hrsg.

Tan, David

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

1. Introduction

Part One: Theory Construction

2. Basic Concepts

3. The Standard View of Legal Communicative Theories

4. Adequacy Criteria
5. Subjectivism and Successful Communication
6. Application Thesis

Part Two: Resisting Normativity
7. The Normativity Incursions
8. The Justification Incursion

9. The Canon Incursion

10. The Construction Incursion

11. Communicative Inference

12. Communicating the Law

Bibliography

Über Autor(innen)

Tan, David
David Tan is a senior lecturer at Deakin Law School where he specializes in legal philosophy, particularly on legal interpretation and public law theory. His works on legal interpretation have appeared in top international and Australian journals including Legal Theory, Oxford Journal of Legal Studies, Canadian Journal of Law and Jurisprudence and the University of New South Wales Law Journal. He was awarded Deakin's Faculty Research Grant Scheme in 2023 and is also currently the treasurer of the Australasian Society of Legal Philosophy.

David Tan is Senior Lecturer at Deakin Law School, Australia.