Legal meaning derives from practices of legitimation, not truth conditions.

Evidence

The account of meaning in terms of truth conditions has to be replaced by an account of meaning in terms of the conditions under which our practices legitimate our making such statements, including conditions under which the legitimation may be overturned. What legitimates a legal statement does so only in view of the facts of our common practices. This is very much in sympathy with Patterson’s efforts to treat law, jurisprudentially, as a practice. — Philip Chase Bobbitt, Reflections Inspired by My Critics, 386

Categorization

  • DEFINE: Clarifies the pragmatist account of legal meaning as legitimation-condition-based rather than truth-condition-based.
  • XREF: Connects to Wittgenstein’s private language argument and Brandon’s inferentialism about meaning. — connects to: The connective relations among signs are systemic, not private subjective matters.; Text interpretation is a consequence-sensitive act, not a logical exercise. — Richard A. Posner, What Has Pragmatism to Offer Law?, 97; Legal validity derives from normative authority, not from physical power alone. — Ronald M. Dworkin, The Model of Rules, 48 (+15 more)

Broader Connections