Argumenta – Journal of Analytic Philosophy

 

The Occasions of Law (and the Occasions of Interpretation) [Special Issue]

Issue: Issue 7 • Author/s: Frederick Schauer
Topics: Philosophy of law, Theoretical philosophy

When John Searle observed that there is “no remark without remarkableness,” he made a point about the pragmatics of conversation that is importantly applicable to legal interpretation. Just as the act of remarking, according to Searle, presupposes some reason for the remark, so too does the act of legal interpretation presuppose a reason to interpret. This paper explores this phenomenon, and identifies the distinct occasions that call for an act of interpretation.