Three kinds of intention in lawmaking

Law and Philosophy 36 (6):651-674 (2017)
Download Edit this record How to cite View on PhilPapers
Abstract
The nature of legislative intent remains a subject of vigorous debate. Its many participants perceive the intent in different ways. In this paper, I identify the reason for such diverse perceptions: three intentions are involved in lawmaking, not one. The three intentions correspond to the three aspects of a speech act: locutionary, illocutionary and perlocutionary. The dominant approach in legal theory holds that legislative intent is a semantic one. A closer examination shows that it is, in fact, an illocutionary one. In the paper, I draw the consequences for legal interpretation of this more theorized model of legislative intent.
Reprint years
2017
ISBN(s)
PhilPapers/Archive ID
MATTTO-9
Revision history
First archival date: 2015-07-08
Latest version: 2 (2017-05-07)
View upload history
References found in this work BETA

No references found.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Added to PP index
2015-07-08

Total views
204 ( #12,721 of 37,214 )

Recent downloads (6 months)
93 ( #3,491 of 37,214 )

How can I increase my downloads?

Monthly downloads since first upload
This graph includes both downloads from PhilArchive and clicks to external links.