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The Occasions of Law (and the Occasions of Interpretation)

Authors: Schauer, Frederick;

The Occasions of Law (and the Occasions of Interpretation)

Abstract

When John Searle observed that there is “no remark without remarkableness,” he made a point about the pragmatics of conversation 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 the act of legal interpretation presuppose a reason to interpret. This paper explores this phenomenon, and identifies the distinct occasions that call for an act of interpretation.

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Keywords

Easy cases, Hard cases, FOS: Law, Legal interpretation, Law

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
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Average
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