Communication and Legal Interpretation
Buying pre-order items
Ebooks and Audiobook
You will receive an email with a download link for the ebook or audiobook on the publication date.
Payment
You will not be charged for pre-ordered books until they are available to be shipped. Pre-ordered ebooks will not be charged for until they are available for download.
Amending or cancelling your order
For orders that have not been shipped you can usually make changes to pre-orders up to 72 hours before the publishing date.
Payment for this pre-order will be taken when the item becomes available
Description
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.
Accessibility Information
Additional accessibility information
- EPUB 3.0
- Conforms with the requirements of EPUB Accessibility Spec v1.1
- WCAG level AA
- WCAG v2.2 compliant
- accessibility@bloomsbury.com
Hazards
The publication contains no hazards
Support for non-visual reading
- No accessibility features offered by the reading system, device or reading software are disabled or otherwise unusable with the product
- Has alternative text descriptions for images
Visual adjustments
Appearance of the text and page layout can be modified according to the capabilities of the reading system (font family and size, spaces, as well as color of background and text)
Navigation
- Page list to go to pages from the print source version
- Elements such as headings, tables, etc for structured navigation
- All or substantially all textual matter is arranged in a single logical reading order
- Content is enhanced with ARIA roles to optimize organization and facilitate navigation
- Purposes of all links are made clear
Rich content
Language tagging provided
Table of Contents
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
Product details
| Published | 12 Nov 2026 |
|---|---|
| Format | Ebook (Epub & Mobi) |
| Edition | 1st |
| Pages | 336 |
| ISBN | 9781509999286 |
| Imprint | Hart Publishing |
| Publisher | Bloomsbury Publishing |
Related Titles
