Read e-book online Ordinary Meaning: A Theory of the Most Fundamental Principle PDF

By Brian G. Slocum

Consider this courtroom case: a defendant has traded a gun for medicinal drugs, and there's a legal sentencing provision that stipulates an greater punishment if the defendant “uses” a firearm “during and when it comes to a drug trafficking crime.” purchasing the medication was once evidently a crime—but can it's acknowledged that the defendant truly “used” the gun throughout the crime? this kind of query is on the center of criminal interpretation.

 

Legal interpretation is outfitted round one key query: via what ordinary may still felony texts be interpreted? the conventional doctrine is that phrases will be given their “ordinary meaning”: phrases in criminal texts could be interpreted in gentle of permitted criteria of verbal exchange. but frequently, courts fail to correctly give some thought to context, seek advice from incorrect dictionary definitions, or another way misconceive how the normal that means of phrases might be decided. during this booklet, Brian Slocum builds his argument for a brand new approach to interpretation through asking obvious, but mostly overlooked, questions. What makes one specific that means the “ordinary” one, and the way precisely do courts conceptualize the weather of standard meaning? Ordinary Meaning provides a much-needed, revised framework, boldly educating these concerned with the legislation in how the parts of normal that means may still competently be pointed out and constructed in our glossy criminal system.

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Ordinary Meaning: A Theory of the Most Fundamental Principle of Legal Interpretation by Brian G. Slocum


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