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Published on: 2009-08-07
Released on: 2009-08-07
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Despite widespread admiration for the First Amendment's protection of speech, this iconic feature of American legal thought has never been adequately theorized. Existing theories of speech proceed on the basis of legal doctrine and judicial decisionmaking, social and political philosophy, or legal and intellectual history. But these are not the disciplines one would most naturally turn to in analyzing speech. Meaning in Law: A Theory of Speech takes a new and different approach. This book develops a general legal theory of speech on the basis of linguistic theory and thephilosophy of language.The opening chapters retrace the main conceptual stages in the expression of meaning: from natural meaning, through symbolism, to signification. Later chapters analyze symbolic speech (communication by nonlinguistic means) as the key to developing an intention-based theory of speech. The essential elements of the theory are (1) nonnatural meaning, (2) the signaling of intent, (3) the recognition of intent, and (4) establishing a convention.A final chapter applies these insights to the case law of symbolic speech and resolves some basic confusions in the legal literature. This analysis proceeds by way of an original distinction between actual conduct (in the real world) and the "ideal conduct" described in a statute. The former may be described both as communicative andnoncommunicative, while the latter has already been conceptualized as either communicative or noncommunicative. This distinction clears up a major legal quandary: how conduct that counts as communication may nevertheless be regulated or prohibited, without running afoul of the First Amendment's protection of speech. Oliver Wendell Holmes Jr. The Path of the Law The Path of the Law. by Oliver Wendell Holmes Jr. 10 Harvard Law Review 457 (1897) When we study law we are not studying a mystery but a well-known profession. Definitions of Anthropological Terms - Oregon State University cannibalism - consuming human flesh. This is reported to occur in the context of warfare as part of a funeral rite or rarely in cases of extreme stress. SPEECH Act - Wikipedia The Securing the Protection of our Enduring and Established Constitutional Heritage (SPEECH) Act is a 2010 federal statutory law in the United States that makes ... Legal Theory Blog Stephen Galoob (University of Tulsa College of Law) has posted Coercion Fraud and What is Wrong with Blackmail (Legal Theory Forthcoming) on SSRN. Freedom of Speech Permissible Tailoring and Transcending ... Freedom of Speech Permissible Tailoring and Transcending Strict Scrutiny. EUGENE VOLOKH * volokh@law.ucla.edu. Cite as Eugene Volokh Freedom of Speech Permissible ... The Domino Theory - U-S-History.com The role of The Domino Theory in the history of the United States of America. Home - PH ProductionsPH Productions Welcome to PH ... At PH Productions with our team of specialists and a broad range of resources we offer the experience needed to help make your next event shine. The Autistic Spectrum: From Theory to Practice Apache Server at open.edu Port 80 Law - Wikipedia The philosophy of law is commonly known as jurisprudence. Normative jurisprudence asks "what should law be?" while analytic jurisprudence asks "what is law?" Philosophy of Language - Internet Encyclopedia of Philosophy Philosophy of Language. Those who use the term "philosophy of language" typically use it to refer to work within the field of Anglo-American analytical philosophy and ...
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