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Language, Meaning, and the Law

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Table of Contents

Preface: The Scope of the Book; Introduction: Parables of Language and Law; PART I: THEORETICAL FRAMEWORKS; 1. Legal Theory and Language; 1.1 Natural law and legal positivism; 1.2 Formalism and realism; 1.3 Liberal rule of law ideology; 1.4 Radical approaches to law; 1.5 Marxism; 1.6 Critical Legal Studies; 1.7 Critical Race Theory; 1.8 Right-radical approaches to law; 1.9 Law and economics; 1.10 Luhmann v Habermas: autopoiesis and law; 1.11 Conclusion; 2. Systems Theory, Normativity and the 'Realist Dilemma'; 2.1 Introduction; 2.2 Description and prescription in linguistics; 2.3 Language as system; 2.4 Linguistics and systems theory; 2.5 Linguistics: 'not for turning?'; 2.6 Reflexivity, ethnomethodology, and systems theory; 2.7 Conclusion; 3. Philosophy, Law and Language; 3.1 Introduction; 3.2 Philosophy, language and social order; 3.3 The linguistic turn in philosophy as a turn to law; 3.4 The social contract of language; 3.5 Time and the framing of rules; 3.6 Conclusion; 4. Issues in Legal Interpretation; 4.1 Authority and interpretation; 4.2 Dilemmas of legal interpretation; 4.3 The 'literal', 'golden' and 'mischief' rules; 4.4 Policy as an interpretative tool; 4.5 Equitable interpretation; 4.6 Conclusion; PART II: SELECTED TOPICS; 5. Literal Meaning, the Dictionary and the Law; 5.1 Introduction; 5.2 Literal meaning, dictionaries and law; 5.3 Textualism in US jurisprudence; 5.4 Dictionaries and linguists; 5.5 Conclusion; 6. Representation, Reproduction and Intention; 6.1 T-shirts and triads; 6.2 Genuine fakes: the counterfeit artist; 6.3 Taboo language and 'images that wound'; 6.4 Conclusion: who is to blame?; 7. Idols of the Market; 7.1 Introduction: signs in circulation; 7.2 Trademark law; 7.3 Conclusion: trademarks and the commodification of the public sphere; PART III: KEY ISSUES; 8. Insider Judges And Outsider Critics; 9. Hard Cases And Ideal Interpreters; 10. The Judge As Tennis Umpire; 11. The Golden Mean?; 12. Reflexivity And Garfinkel's Dystopia Of Reasons; 13. The Single Meaning Rule And Defamation Law; PART IV; 14. Conclusion: The Semiotics of Law, Language and Money; Appendices: Discussion Materials and Exercises; Further Reading; References; Legal Cases Cited.

About the Author

Christopher Hutton is Professor and Head, School of English, University of Hong Kong.

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