ABSTRACT
When John Searle observed that there is ‘no remark without remarkableness’, he made a point about the pragmatics of that is importantly applicable to legal interpretation. Just as the act of remarking, according to Searle, presupposes some reason for the remark, so too does an act of legal interpretation presuppose a reason to interpret. This paper explores this phenomenon, and identifies the distinct occasions calling for an act of interpretation.
Schauer, Frederick, The Occasions of Law (and the Occasions of Interpretation) (2018). Argumenta, volume 4 (2018), 41-50.
First posted 2021-02-05 06:42:17
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