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  • Assessment sensitivity in legal dicsourse
    Kristan, Andrej, pravnik, 1979- ; Vignolo, Massimiliano
    We explain three phenomena in legal discourse in terms of MacFarlaneʹs assessment-sensitive semantics: incompatible applications of law, assessments of statements about what is legally the case, and ... retrospective overruling. The claim is that assessment sensitivity fits in with the view, shared by many legal theorists at least with respect to hard cases, that the final adjudicatorʹs interpretation of legal sources is constitutive of the applied norm.We argue that there are strong analogies between certain kinds of statements in legal discourse as understood in light of that view and discourse about matters of taste and future contingents. Thus, if assessment-sensitive semantics provides a compelling account of discourse about matters of taste and future contingents, then it likewise provides a compelling account of those statements in legal discourse.
    Source: Inquiry : an interdisciplinary journal of philosophy. - ISSN 0020-174X (Vol. 61, No. 4, 2018, str. 394-421)
    Type of material - article, component part
    Publish date - 2018
    Language - english
    COBISS.SI-ID - 15630417

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