Constitutional Law

Meaning in Law: A Theory of Speech by Charles W. Collier PDF

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By Charles W. Collier

ISBN-10: 0195388976

ISBN-13: 9780195388978

regardless of frequent admiration for the 1st Amendment's safety of speech, this iconic characteristic of yankee felony concept hasn't ever been effectively theorized. present theories of speech continue at the foundation of criminal doctrine and judicial decisionmaking, social and political philosophy, or felony and highbrow background. yet those usually are not the disciplines one may such a lot certainly flip to in examining speech. Meaning in legislations: A concept of Speech takes a brand new and diverse procedure. This e-book develops a common criminal idea of speech at the foundation of linguistic concept and the
philosophy of language.

The commencing chapters retrace the most conceptual levels within the expression of which means: from traditional which means, via symbolism, to signification. Later chapters study symbolic speech (communication by way of nonlinguistic potential) because the key to constructing an intention-based thought of speech. the basic components of the idea are (1) nonnatural that means, (2) the signaling of cause, (3) the popularity of motive, and (4) developing a convention.

A ultimate bankruptcy applies those insights to the case legislations of symbolic speech and resolves a few uncomplicated confusions within the felony literature. This research proceeds in terms of an unique contrast among genuine behavior (in the genuine global) and the "ideal behavior" defined in a statute. the previous can be defined either as communicative and
noncommunicative, whereas the latter has already been conceptualized as both communicative or noncommunicative. This contrast clears up a massive criminal predicament: how behavior that counts as communique may well however be regulated or prohibited, with out working afoul of the 1st Amendment's safety of speech.

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Meaning in Law: A Theory of Speech by Charles W. Collier

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