Modes Of Understanding The Law
Corporate and Finance senior counsel George Williams jr recently published an article, "Modes of Understanding the Law," in the interdisciplinary journal Law & Literature. The article was originally delivered as a talk at Cardozo Law School to celebrate the work of Richard Weisberg, one of the founders of the law and literature movement, and examines how different modes of interpretation contribute to understanding how to operate within the law.
Specifically, the article attempts to develop the consequences for judicial reasoning of the fact that legal requirements are set forth in texts that explicitly or tacitly contain expressions of obligation. Such expressions create what are known in logic and linguistics as opaque contexts. The article claims that the logical structure of opaque contexts implies certain consequences for the...
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