Speech Act Theory and Textualism's Unfaithful Agency Problem

48 Vermont L. Rev. 446

59 Pages Posted: 15 Mar 2021 Last revised: 16 Jul 2024

Date Written: March 5, 2021

Abstract

CIVILL LAW, Is to every Subject, those Rules, which the Commonwealth hath Commanded him, by Word, Writing, or other sufficient Sign of the Will, to make use of, for the Distinction of Right, and Wrong; that is to say, of what is contrary, and what is not contrary to the Rule.-Thomas Hobbes 1 The object of genuine interpretation is to discover the rule which the law-maker intended to establish; to discover the intention with which the law-maker made the rule, or the sense which he attached to the words wherein the rule is expressed. Its object is to enable others to derive from the language used "the same idea which the author intended to convey.

Keywords: textualism; statutory interpretation; legal theory; jurisprudence; Scalia

Suggested Citation

Perkins, Jordan L., Speech Act Theory and Textualism's Unfaithful Agency Problem (March 5, 2021). 48 Vermont L. Rev. 446

, Available at SSRN: https://ssrn.com/abstract=3798659 or http://dx.doi.org/10.2139/ssrn.3798659

Jordan L. Perkins (Contact Author)

affiliation not provided to SSRN

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