De Re and De Dicto

11 Pages Posted: 20 Sep 2006

Abstract

Statements involving knowledge, intent, and the like may often be interpreted either de re (about a thing) or de dicto (about a statement). For instance, "A knowingly took B's car" can mean either "A knowingly took a car that turned out to be B's," the de re interpretation, or "A knowingly caused it to be the case that he took B's car," the de dicto interpretation. This paper takes up twelve cases whose outcome depends on which interpretation one gives to a governing principle. It suggests that since the two alternative interpretations are equally supported by the applicable language policy considerations must be brought in to resolve the cases.

Suggested Citation

Rodes, Robert E., De Re and De Dicto. Notre Dame Law Review, Vol. 73, No. 3, 1998, Notre Dame Legal Studies Paper No. 06-21, Available at SSRN: https://ssrn.com/abstract=931621

Robert E. Rodes (Contact Author)

Notre Dame Law School ( email )

P.O. Box 780
Notre Dame, IN 46556-0780
United States