Truth in Law

29 Pages Posted: 12 Feb 2011 Last revised: 3 Nov 2011

Andrei Marmor

Cornell University - Law School

Date Written: November 3, 2011

Abstract

In this essay I offer a speech act analysis of truth evaluable content of legal prescriptions. The argument is based on two main frameworks: one, drawn from an analogy with truth in fiction, explains the prefixed nature of legal statements, and the second explores the propositional content of legal prescriptions as a species of exhortative speech acts. Overall, the essay suggests an interpretation of legal prescriptions that allows for the validity of standard legal syllogisms.

Suggested Citation

Marmor, Andrei, Truth in Law (November 3, 2011). USC Law Legal Studies Paper No. 11-3. Available at SSRN: https://ssrn.com/abstract=1760053 or http://dx.doi.org/10.2139/ssrn.1760053

Andrei Marmor (Contact Author)

Cornell University - Law School ( email )

Myron Taylor Hall
Cornell University
Ithaca, NY 14853-4901
United States

HOME PAGE: http://www.lawschool.cornell.edu/faculty/bio_andrei_marmor.cfm

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