This book engages in an analytical and realistic enquiry into legal interpretation and a selection of related matters including legal gaps, judicial fictions, judicial precedent, legal defeasibility, and legislation. Chapter 1 provides an outline of the central theoretical and methodological tenets of analytical realism. Chapter 2 presents a conceptual apparatus concerning the phenomenon of legal interpretation, which it subsequently applies to investigate the truth-in-legal-interpretation issue. Chapters 3 to 6 argue for a theory of legal interpretation - pragmatic realism - by outlining a theory of interpretive games, revisiting the debate between literalism and contextualism in contemporary philosophy of language, and underscoring the many shortcomings of the container-retrieval view and pragmatic formalism. In turn, Chapter 7, focusing on comparative legal theory, advocates an interpretation-sensitive theory of legal gaps, as opposed to purely normativist ones. Chapter 8 explores the connection between judicial reasoning and judicial fictions, casting light on the structure and purpose of fictional reasoning. Chapter 9 provides an analytical enquiry into judicial precedent, examining a variety of ideal-typical systems in terms of their normative or de iure relevance. Chapter 10 addresses defeasibility and legal indeterminacy. In closing, Chapter 11 highlights the central tenets of a realistic theory of legislation.

This book engages in an analytical and realistic enquiry into legal interpretation and a selection of related matters including legal gaps, judicial fictions, judicial precedent, legal defeasibility, and legislation. Chapter 1 provides an outline of the central theoretical and methodological tenets of analytical realism. Chapter 2 presents a conceptual apparatus concerning the phenomenon of legal interpretation, which it subsequently applies to investigate the truth-in-legal-interpretation issue. Chapters 3 to 6 argue for a theory of legal interpretation - pragmatic realism - by outlining a theory of interpretive games, revisiting the debate between literalism and contextualism in contemporary philosophy of language, and underscoring the many shortcomings of the container-retrieval view and pragmatic formalism. In turn, Chapter 7, focusing on comparative legal theory, advocates an interpretation-sensitive theory of legal gaps, as opposed to purely normativist ones. Chapter 8 explores the connection between judicial reasoning and judicial fictions, casting light on the structure and purpose of fictional reasoning. Chapter 9 provides an analytical enquiry into judicial precedent, examining a variety of ideal-typical systems in terms of their normative or de iure relevance. Chapter 10 addresses defeasibility and legal indeterminacy. In closing, Chapter 11 highlights the central tenets of a realistic theory of legislation.--

Stefano Predelli presents an original account of the relationships between the central semantic notions of meaning and truth. Part One begins with the study of phenomena that have little or nothing to do with the effects of meaning on truth. Predelli warns against what he calls 'the Fallacy of Misplaced Character', and is concerned with sentences such as 'there sometimes exist sentences containing exactly eight words', 'I am now uttering a non-contradictory sentence', or 'I exist'. In Part Two, he moves on to further cases which bear no interesting relations with questions of truth, but which, unlike those in Part One, have important repercussions on questions of meaning. The resulting 'Theory of Bias' is applied to expressive interjections (with a chapter about the logical properties of 'alas'), to instances of register and coarse slang, to honorifics and nicknames, and to derogatory slurs. Part Three draws from the previous two parts, and argues that some notorious semantic problems ought to be approached from the viewpoint of the Theory of Bias. Predelli starts with vocatives, dates, and signatures, and introduces the notion of 'obstinate indexicality', which then guides his solution to Quine's 'Giorgione' puzzle, his version of the demonstrative theory quotation, and his defence of the bare-boned approach to demonstratives and demonstrations.

This work analyzes the range of philosophical theories of truth, as applied to legal norms, paying particular attention to the distinction between ontological and criteriological definitions. The author reviews correspondence, coherence, consensus and procedural theories, and explores their role in major contemporary accounts of legal argument, particularly those of Habermas, Alexy, Aarnio, Peczenik and Dworkin.

Kölbel examines and rejects the mainstream view of 'meaning' and how this relates to truth, instead developing and defending an alternative, relativist, theory.

This brief book takes readers to the very heart of what it is that philosophy can do well. Completed shortly before Donald Davidson's death at 85, Truth and Predication brings full circle a journey moving from the insights of Plato and Aristotle to the problems of contemporary philosophy. In particular, Davidson, countering many of his contemporaries, argues that the concept of truth is not ambiguous, and that we need an effective theory of truth in order to live well. Davidson begins by harking back to an early interest in the classics, and an even earlier engagement with the workings of grammar; in the pleasures of diagramming sentences in grade school, he locates his first glimpse into the mechanics of how we conduct the most important activities in our life--such as declaring love, asking directions, issuing orders, and telling stories. Davidson connects these essential questions with the most basic and yet hard to understand mysteries of language use--how we connect noun to verb. This is a problem that Plato and Aristotle wrestled with, and Davidson draws on their thinking to show how an understanding of linguistic behavior is critical to the formulating of a workable concept of truth. Anchored in classical philosophy, Truth and Predication nonetheless makes telling use of the work of a great number of modern philosophers from Tarski and Dewey to Quine and Rorty. Representing the very best of Western thought, it reopens the most difficult and pressing of ancient philosophical problems, and reveals them to be very much of our day.