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Law’s Language

Meaning and Normativity

Daniel Wodak (University of Pennsylvania)

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English
Cambridge University Press
11 December 2025
The language of law includes normative or prescriptive terms such as 'obligation' and 'permission'. How do we explain the meaning of prescriptive legal language? This has long been regarded as a problem for positivists, since at first glance their view suggests we can derive an ought – a legal obligation or right or permission – from descriptive social facts alone. This Element outlines what we should want from a semantics of prescriptive legal language, critically evaluates four leading semantic accounts, and argues that legal prescriptivity is not, in the end, a problem for positivists.
By:  
Imprint:   Cambridge University Press
Country of Publication:   United Kingdom
Weight:   124g
ISBN:   9781009114073
ISBN 10:   1009114077
Series:   Elements in Philosophy of Law
Pages:   75
Publication Date:  
Audience:   General/trade ,  ELT Advanced
Format:   Paperback
Publisher's Status:   Active
Introduction; 1. That's just semantics; 2. From 'must' to 'obligated'; 3. Is 'legal' like 'Kantian'?; 4. Hooray for law; 5. Are legal duties made up?; 6. Hume's law and the law; Conclusion; References.

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