… In this Response, I will investigate the foundations of both shared and unshared meaning in legal communication. Part I takes a step back from contractual communication and offers a preliminary sketch of a general model of legal communication; the sketch draws on speech act theory and the work of Paul Grice, extending and modifying many of the insights developed by Kar and Radin. Part II turns to contractual communication, differentiating distinct ‘situations of contractual communication’ and interrogating Kar and Radin’s Shared Meaning Analysis. Part III interrogates Kar and Radin’s distinction between ‘contract’ and ‘pseudo-contract’. The conclusion of the Response briefly reflects on the significance of Kar and Radin’s project … (more)
Lawrence B Solum, ‘Contractual Communication’, 133 Harvard Law Review Forum 23 (November 8, 2019).