By Charles W. Collier
Regardless of frequent admiration for the 1st Amendment's defense of speech, this iconic characteristic of yankee felony inspiration hasn't ever been appropriately theorized. present theories of speech continue at the foundation of criminal doctrine and judicial decisionmaking, social and political philosophy, or criminal and highbrow background. yet those are usually not the disciplines one might so much evidently flip to in interpreting speech. which means in legislation: A concept of Speech takes a brand new and diversified method. This e-book develops a common criminal conception of speech at the foundation of linguistic concept and thephilosophy of language.The establishing chapters retrace the most conceptual levels within the expression of which means: from ordinary which means, via symbolism, to signification. Later chapters study symbolic speech (communication by way of nonlinguistic capability) because the key to constructing an intention-based conception of speech. the fundamental parts of the speculation are (1) nonnatural that means, (2) the signaling of purpose, (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 easy confusions within the criminal literature. This research proceeds in terms of an unique contrast among genuine behavior (in the true global) and the "ideal behavior" defined in a statute. the previous can be defined either as communicative andnoncommunicative, whereas the latter has already been conceptualized as both communicative or noncommunicative. This contrast clears up a big criminal main issue: how behavior that counts as verbal exchange might however be regulated or prohibited, with out working afoul of the 1st Amendment's security of speech.
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Extra resources for Meaning in Law: A Theory of Speech
4 The above analysis may be summarized and at the same time extended as follows: [i] The meaning of a conventional sign is its property of revealing an intent. [ii] Intents are discursive; they involve complex thoughts that can be expressed intelligibly only in sentences, not individual words. A sentence (actual or implied) is the smallest linguistic unit in which an intent can be expressed. SIGNS 39 Although it is convenient (and conventional) to think of the word as the prototype of the sign, it is difficult to assign any meaning to a word taken in isolation.
To advance to the truly defining stages in the expression of meaning, we must turn to symbols, signs, and words. CHAPTER 2 Symbols As compared to musical melody, symbols are more strongly representational; it is much clearer what they are “about,” and there is much more for them to be about. For example, a blindfolded woman holding a balance is a symbol of justice. Very few other things can provide such a fitting physical representation of the salient features of justice. There is a reason for this symbol.
5 But if Marie had succeeded, she would not have refuted realism; she would simply have discovered a surprising new fact about the world of experience. Realism is not an empirical theory; our experience does not confirm it but rather presupposes it. No experience in the real world is imaginable without space, time, things, attributes, and causation. We might view it as an inherent limitation of the human condition that we can experience real objects only under these conditions. ” We might think of ourselves as simply unable to experience any other objects or to experience real objects any other way.