Get Ordinary Meaning: A Theory of the Most Fundamental Principle PDF

By Brian G. Slocum

ISBN-10: 022630485X

ISBN-13: 9780226304854

Consider this courtroom case: a defendant has traded a gun for medications, and there's a legal sentencing provision that stipulates an more suitable punishment if the defendant “uses” a firearm “during and in terms of a drug trafficking crime.” procuring the medication was once evidently a crime—but can or not it's acknowledged that the defendant really “used” the gun through the crime? this type of query is on the middle of criminal interpretation.
 
felony interpretation is outfitted round one key query: by way of what usual should still criminal texts be interpreted? the normal doctrine is that phrases can be given their “ordinary meaning”: phrases in criminal texts will be interpreted in mild of approved criteria of verbal exchange. but frequently, courts fail to correctly ponder context, confer with improper dictionary definitions, or in a different way misconceive how the normal that means of phrases might be decided. during this ebook, Brian Slocum builds his argument for a brand new approach to interpretation through asking evident, but mostly missed, questions. What makes one specific which means the “ordinary” one, and the way precisely do courts conceptualize the weather of standard meaning? Ordinary Meaning provides a much-needed, revised framework, boldly educating these concerned with the legislations in how the parts of standard that means may still safely be pointed out and constructed in our sleek criminal system.

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

Sample text

The authors are correct that there is an ostensible connection between ordinary meaning and textualism. Judicial invocation of ordinary meaning has tracked the rise of textualism. 49 Of course, various reasons could explain some or all of the correlation between the rise of textualism and citation to the ordinary meaning doctrine. For instance, the statutorification of the law, consisting of the proliferation of statutes as well as agency-issued regulations that constitute the law, likely accounts for some percentage of the increased focus on the ordinary meaning of textual language.

For instance, the statutorification of the law, consisting of the proliferation of statutes as well as agency-issued regulations that constitute the law, likely accounts for some percentage of the increased focus on the ordinary meaning of textual language. Compared to common law adjudication where judges have freedom to determine the content of the law, judges are more mindful of their role as “faithful agents” of legislatures when interpreting statutes (Brudney 2013). Thus, increased reference to an objective criterion of meaning such as the ordinary meaning doctrine should not be surprising.

6: Distinguishing Ordinary Meaning from Other Doctrines As the above discussion illustrates, the ordinary meaning concept is influential and applicable to legal texts, even though these texts have unique features and despite the concession that the ordinary meaning (and communicative meaning) of a legal text is not always adopted as the legal meaning of the text. Nevertheless, before a conception of ordinary meaning is constructed, it is important to compare and contrast the ordinary meaning doctrine with the other well-known concepts that have been associated or confused with it.

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Ordinary Meaning: A Theory of the Most Fundamental Principle of Legal Interpretation by Brian G. Slocum


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