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The Ordinary Meaning Doctrine

Brian G. Slocum

in Ordinary Meaning: A Theory of the Most Fundamental Principle of Legal Interpretation

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226304854
eISBN:
9780226304991
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226304991.003.0001
Subject:
Law, Philosophy of Law

Chapter One introduces the central issue of the book: By what standard should legal texts be interpreted? Courts have uniformly presumed that words in legal texts should be interpreted in light of ... More


The Constitutive and Evidential Aspects of Ordinary Meaning

Brian G. Slocum

in Ordinary Meaning: A Theory of the Most Fundamental Principle of Legal Interpretation

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226304854
eISBN:
9780226304991
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226304991.003.0003
Subject:
Law, Philosophy of Law

Chapter Three develops a theory of ordinary meaning and focuses on the tension between the inherent requirement of ordinary meaning that it be generalizable across contexts and the reality that ... More


Ordinary Meaning, “What Is Said,” and “What Is Communicated”

Brian G. Slocum

in Ordinary Meaning: A Theory of the Most Fundamental Principle of Legal Interpretation

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226304854
eISBN:
9780226304991
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226304991.003.0004
Subject:
Law, Philosophy of Law

Chapter Four continues the account of ordinary meaning where Chapter Three ended. One example where context must be accounted for explicitly involves the assignment of scopes of reference to ... More


Ordinary Meaning and Lexical Semantics

Brian G. Slocum

in Ordinary Meaning: A Theory of the Most Fundamental Principle of Legal Interpretation

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226304854
eISBN:
9780226304991
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226304991.003.0005
Subject:
Law, Philosophy of Law

Chapter Five addresses issues relating to lexical semantics, including the contribution of sentential (i.e., sentence level) context to the ordinary meaning of words. Proper consideration of ... More


Hypothetical Intentionalism and Communicative Content

Brian G. Slocum

in Ordinary Meaning: A Theory of the Most Fundamental Principle of Legal Interpretation

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226304854
eISBN:
9780226304991
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226304991.003.0002
Subject:
Law, Philosophy of Law

Chapter Two develops the claim that the interpretation of legal texts must necessarily be a hypothetical exercise with significant reliance on conventions of language, which largely constitute the ... More


The Law of Treaties

Magdalena Forowicz

in The Reception of International Law in the European Court of Human Rights

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199592678
eISBN:
9780191595646
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592678.003.0002
Subject:
Law, Human Rights and Immigration

This chapter evaluates how the Strasbourg bodies have used Articles 31 and 32 of the Vienna Convention on the Law of Treaties. These provisions have recently resurfaced in the context of ... More


Conclusion

Brian G. Slocum

in Ordinary Meaning: A Theory of the Most Fundamental Principle of Legal Interpretation

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226304854
eISBN:
9780226304991
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226304991.003.0006
Subject:
Law, Philosophy of Law

Chapter Six offers a conclusion. A summary is given of what the book has demonstrated. The various areas in which future ordinary meaning research can be conducted are also explored. For example, ... More


Chapter One The Ordinary Meaning Doctrine

Brian G. Slocum

in Ordinary Meaning: A Theory of the Most Fundamental Principle of Legal Interpretation

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226304854
eISBN:
9780226304991
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226304991.003.0001
Subject:
Law, Philosophy of Law

Chapter One introduces the central issue of the book: By what standard should legal texts be interpreted? Courts have uniformly presumed that words in legal texts should be interpreted in light of ... More


Chapter Three The Constitutive and Evidential Aspects of Ordinary Meaning

Brian G. Slocum

in Ordinary Meaning: A Theory of the Most Fundamental Principle of Legal Interpretation

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226304854
eISBN:
9780226304991
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226304991.003.0003
Subject:
Law, Philosophy of Law

Chapter Three develops a theory of ordinary meaning and focuses on the tension between the inherent requirement of ordinary meaning that it be generalizable across contexts and the reality that ... More


The Ambiguity Question

Steven J. Burton

in Elements of Contract Interpretation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195337495
eISBN:
9780199868650
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195337495.003.0004
Subject:
Law, Law of Obligations

This chapter considers the question of ambiguity. Under the plain meaning rule, an unambiguous contract will be given its unambiguous meaning as a matter of law. When determining whether a contract ... More


Ordinary Meaning: A Theory of the Most Fundamental Principle of Legal Interpretation

Brian G. Slocum

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226304854
eISBN:
9780226304991
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226304991.001.0001
Subject:
Law, Philosophy of Law

There is a long-standing judicial commitment to interpreting language in legal texts according to its ‘ordinary meaning’. That is, courts have uniformly agreed that words in legal texts should be ... More


Chapter Four Ordinary Meaning, “What Is Said,” and “What Is Communicated”

Brian G. Slocum

in Ordinary Meaning: A Theory of the Most Fundamental Principle of Legal Interpretation

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226304854
eISBN:
9780226304991
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226304991.003.0004
Subject:
Law, Philosophy of Law

Chapter Four continues the account of ordinary meaning where Chapter Three ended. One example where context must be accounted for explicitly involves the assignment of scopes of reference to ... More


Chapter Five Ordinary Meaning and Lexical Semantics

Brian G. Slocum

in Ordinary Meaning: A Theory of the Most Fundamental Principle of Legal Interpretation

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226304854
eISBN:
9780226304991
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226304991.003.0005
Subject:
Law, Philosophy of Law

Chapter Five addresses issues relating to lexical semantics, including the contribution of sentential (i.e., sentence level) context to the ordinary meaning of words. Proper consideration of ... More


Chapter Two Hypothetical Intentionalism and Communicative Content

Brian G. Slocum

in Ordinary Meaning: A Theory of the Most Fundamental Principle of Legal Interpretation

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226304854
eISBN:
9780226304991
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226304991.003.0002
Subject:
Law, Philosophy of Law

Chapter Two develops the claim that the interpretation of legal texts must necessarily be a hypothetical exercise with significant reliance on conventions of language, which largely constitute the ... More


Interpretation of Unilateral Acts and Statements

Alexander Orakhelashvili

in The Interpretation of Acts and Rules in Public International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546220
eISBN:
9780191720000
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546220.003.0014
Subject:
Law, Public International Law

This chapter demonstrates that unilateral acts and statements of States have to be interpreted according to their plain and ordinary meaning, just like treaties. It focuses on unilateral acts in ... More


Chapter Six Conclusion

Brian G. Slocum

in Ordinary Meaning: A Theory of the Most Fundamental Principle of Legal Interpretation

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226304854
eISBN:
9780226304991
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226304991.003.0006
Subject:
Law, Philosophy of Law

Chapter Six offers a conclusion. A summary is given of what the book has demonstrated. The various areas in which future ordinary meaning research can be conducted are also explored. For example, ... More


Interpretation of Jurisdictional Instruments

Alexander Orakhelashvili

in The Interpretation of Acts and Rules in Public International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546220
eISBN:
9780191720000
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546220.003.0013
Subject:
Law, Public International Law

This chapter relates the principle of effectiveness to the arguably opposite argument of consensual nature of judicial jurisdiction. Focusing on the interpretation conferring jurisdiction to ... More


Why It Is So Difficult to Resolve Vagueness in Legal Interpretation

Lawrence M. Solan

in Vagueness and Law: Philosophical and Legal Perspectives

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198782889
eISBN:
9780191826108
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198782889.003.0011
Subject:
Law, Philosophy of Law

Concerned about the excessive exercise of judicial discretion, legal theorists and judges have attempted to develop methods for dealing with vague laws that will bring uniformity to legal analysis. ... More


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