Jamal Awil

← Philip Chase Bobbitt - Reflections…

Legal meaning derives from practices, not truth conditions. [definitional]

The account of meaning in terms of truth conditions has to be replaced by an account of meaning in terms of the conditions under which our practices legitimate our making such statements, including conditions under which the legitimation may be overturned. What legitimates a legal statement does so only in view of the facts of our common practices. This is very much in sympathy with Patterson's efforts to treat law, jurisprudentially, as a practice.

XREF: This is a pragmatist/Practice Theory account of meaning (Wittgenstein, Brandom) applied to jurisprudence, overlapping with Patterson's practice-based approach to law. Builds on: "Truth-conditions do not exhaust how legal statements acquire meaning."

Philip Chase Bobbitt, Philip Chase Bobbitt - Refl…, loc. 386