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

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.

Show description

Read or Download Meaning in Law: A Theory of Speech PDF

Similar civil rights books

Free Speech on Trial: Communication Perspectives on Landmark Supreme Court Decisions

Describes landmark loose speech judgements of the splendid courtroom whereas highlighting the problems of language, rhetoric, and communique that underlie them. on the intersection of verbal exchange and primary modification legislation dwell major questions: what's the speech we should safeguard, and why may still we shield it?

Meaning in Law: A Theory of Speech

Regardless of common admiration for the 1st Amendment's safeguard of speech, this iconic characteristic of yankee felony concept hasn't ever been effectively theorized. present theories of speech continue at the foundation of felony doctrine and judicial decisionmaking, social and political philosophy, or felony and highbrow heritage.

Empowerment and Disempowerment of the European Citizen

This assortment engages with a principal topic on ecu citizenship - the emancipation of yes electorate, the alienation of others - and expands the horizons to interrogate even if related debates and tendencies may be pointed out in different fields of ecu integration. the focal point of the ebook is extraordinarily citizen-focused.

Media and Social Justice

This e-book is an anthology of labor by means of severe media students, media makers, and activists who're devoted to advancing social justice. subject matters addressed contain yet usually are not restricted to foreign media activist tasks akin to the fitting to verbal exchange circulation and its corollaries; the significance of listening and enacting regulations that strengthen democratic media; nearby and native media justice initiatives; explorations of the demanding situations the period of participatory media pose to public media; early life and minority media tasks and activism; moral dilemmas posed by way of makes an attempt to democratize entry to media instruments; the continuing marginalization of feminist views in overseas coverage venues; software program freedom and highbrow estate rights; video activism in either ancient and modern contexts; web innovations for protecting dissenting voices; and 5 money owed via well-liked scholar/activists in their lifelong struggles for media justice.

Extra resources for Meaning in Law: A Theory of Speech

Example text

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.

Download PDF sample

Rated 4.25 of 5 – based on 29 votes