Semantic originalism is a theory of constitutional meaning that aims to disentangle the semantic, legal, and normative strands of debates in constitutional theory about the role of original meaning in constitutional interpretation and construction. This theory affirms four theses: (1) the fixation thesis, (2) the clause meaning thesis, (3) the contribution thesis, and (4) the fidelity thesis. -/- The fixation thesis claims that the semantic content of each constitutional provision is fixed at the time the provision is (...) framed and ratified: subsequent changes in linguistic practice cannot change the semantic content of an utterance. -/- The clause meaning thesis claims that the semantic content is given by the conventional semantic meaning (or original public meaning) of the text with four modifications. The first modification is provided by the publicly available context of constitutional utterance: words and phrases that might be ambiguous in isolation can become clear in light of those circumstances of framing and ratification that could be expected to known to interpreters of the Constitution across time. The second modification is provided by the idea of the division of linguistic labor: some constitutional provisions, such as the natural born citizen clause may be terms of art, the meaning of which are fixed by the usages of experts. The third modification is provided by the idea of constitutional implicature: the constitution may mean things it does not explicitly say. The fourth modification is provided by the idea of constitutional stipulations: the constitution brings into being new terms such as House of Representatives and the meaning of these terms is stipulated by the Constitution itself. -/- The contribution thesis asserts that the semantic content of the Constitution contributes to the law: the most plausible version of the contribution thesis is modest, claiming that the semantic content of the Constitution provides rules of constitutional law, subject to various qualifications. Our constitutional practice provides strong evidence for the modest version of the contribution thesis. -/- The fidelity thesis asserts that we have good reasons to affirm fidelity to constitutional law: virtuous citizens and officials are disposed to act in accord with the Constitution; right acting citizens and officials obey the constitution in normal circumstances; constitutional conformity produces good consequences. Our public political culture affirms the great value of the rule of law. -/- We can summarize semantic originalism as a slogan: The original public meaning of the constitution is the law and for that reason it should be respected and obeyed. The slogan recapitulates each of the claims made by semantic originalism, but it is potentially misleading because it does not clearly distinguish between the semantic claims made by the fixation and clause meaning theses, the legal claim made by the contribution thesis, and the normative claim made by the fidelity thesis. -/- Part I introduces the four theses. Part II is entitled An Opinionated History of Constitutional Originalism, and it provides the context for all that follows. Part III is entitled Semantic Originalism: A Theory of Constitutional Meaning, and it lays out the case for original public meaning as the best nonnormative theory of constitutional content. Part IV is entitled The Normative Implications of Semantic Originalism, and it articulates a variety of normative arguments for originalism. Part V is entitled Conclusion: Semantic Originalism and Living Constitutionalism, and it explores the broad implications of semantic originalism for living constitutionalism and the future of constitutional theory. (shrink)

I argue that the dispute between two leading theories of interpretation of legal texts, textual originalism and textual evolutionism, depends on the false presupposition that changes in the way a word is used necessarily require a change in the word’s meaning. Semantic externalism goes a long way towards reconciling these views by showing how a word’s semantic properties can be stable over time, even through vicissitudes of usage. I argue that temporal externalism can account for even more (...) class='Hi'>semantic stability, however. Temporal externalism is the theory that the content of an utterance at time t may be determined by developments in linguistic usage subsequent to t. If this semantic theory is correct, then the originalist and evolutionist positions effectively collapse. Originalism is correct in that the original meaning of the text is the meaning that is binding on jurists, but evolutionism is vindicated, as it is the current practices and standards that determine the meaning the text now has, and has always had. Objections to temporal externalism, and to its application to the interpretation of legal texts, are considered and addressed. (shrink)

The debate over the merits of originalism has advanced considerably in recent years, both in terms of its intellectual sophistication and its practical significance. In the process, some prominent originalists—Lawrence Solum and Jeffrey Goldsworthy being the two discussed here—have been at pains to separate out the linguistic and normative components of the theory. For these authors, while it is true that judges and other legal decision-makers ought to be originalists, it is also true that the communicated content of the constitution (...) is its original meaning. That is to say: the meaning is what it is, not what it should be. Accordingly, there is no sense in which the communicated content of the constitution is determined by reference to moral desiderata; linguistic desiderata do all the work. In this article, I beg to differ. In advancing their arguments for linguistic originalism, both authors rely upon the notion of successful communications conditions. In doing so they implicitly open up the door for moral desiderata to play a role in determining the original communicated content. This undercuts their claim and changes considerably the dialectical role of linguistic originalism in the debate over constitutional interpretation. (shrink)

An outstanding group of leaders left evidence that a richer and more sustainable democracy could be achieved with American independence and democratic principles integrated into a new republican form of government. They were moved by principles that are the very spirit of democracy. These principles are needed to enhance democracy and improve well-being. Using the constructivist tradition of grounded theory and Aristotle’s conception of abstraction, the article proposes a theory of the first principles of democracy based on substantive data: the (...) Declaration of Independence, the Articles of Confederation, The Federalist Papers, and the United States Constitution. Knowledge, fairness, human dignity, hope, unity, and security are the first principles of democracy and are regarded as the bedrock of democracy and a government framework for the people. This theory contributed to a formal model of democratic social change. It also contributes a conceptual framework that supports Solum’s semantic originalism, a theory of constitutional interpretation. The principles of democracy can revitalize democracy and provide new possibilities by protecting education as an innate human right, abolishing capital punishment, criminalizing private prisons on the stock market, and reevaluating the proportionality of prison sentences. (shrink)

In current discussions on the problem of the metaphysical nature of the word, four factions – eliminativism, nominalism, originalism, and the type-token theory – take an active part. For eliminativism, words as separate entities do not exist; they are only a useful cognitive illusion. In the process of communication, competent speakers make sounds and inscriptions through which they are able to infer certain intentional contents of each other’s cognitive states. However, these sounds and inscriptions cannot be regarded as instances of (...) words since they do not possess the phonological and orthographic properties constitutive of words. For nominalism, by contrast, the streams of sounds and ink patterns produced by competent speakers serve as relevant instances of a particular word, or its tokens. What we usually call “words” are collections of such tokens, composed on the basis of similarity relations (phono- logical, orthographic or semantic). For originalism, the streams of sounds and ink patterns created by competent speakers are stages of words, understood as continuants, concrete ob- jects preserving identity over time, individualized by the causal history of their origin. Words are created by competent speakers through the practice of naming and spread through chains of interpersonal contact. The phonological, orthographic and semantic properties possessed by different stages of the same word are generally useless for a proper description of objects such as words. At different times of their existence, words can change any of their properties (pronunciation, spelling, and even reference) while preserving their identity in time. For the type-token theory, words are types, or abstract objects encoding a particular phonographic pattern, which in the process of communication must be instantiated by a competent native speaker by uttering or writing the appropriate token. The type-token theory has several ad- vantages over the views of eliminativism, nominalism and originalism. Firstly, it offers a unified ontology of linguistic structures (since the division into tokens and types extends here to the whole range of linguistic units, including sentences and letters). Secondly, unlike most of its competitors, it is able to present a clear operational criterion for word identity, while being consistent with most of our intuitive notions of intra- and cross-linguistic phenomena (homonymy, synonymy, etc.). (shrink)

Legal philosophers distinguish between a static and a dynamic interpretation of law. The former assumes that the meaning of the words used in a legal text is set at the moment of its enactment and does not change with time. The latter allows the interpreters to update the meaning and apply a contemporary understanding to the text. The dispute between these competing theories has significant ramifications for social and political life. To take an example, depending on the approach, the term (...) “cruel punishment” used in the US Constitution will be given an 18th century meaning or a contemporary one. -/- The philosophy of language seems to provide greater support to the static approach to legal interpretation. Within this approach the lawmaker is perceived as a speaker and legal texts are interpreted as utterances. As a consequence, interpretation is a quest for the speaker/lawmaker’s intention or the public meaning that prevailed at the time of enactment. Neither the intention nor the public meaning are considered to have changed in time. -/- In this paper I argue that the philosophy of language provides the dynamic approach with an equally robust support as the static one. This support comes from an externalist perspective in semantics, rooted in philosophical pragmatism and supported by Ruth Millikan’s concept of meaning as proper function. Grounding the dynamic approach in a well-founded linguistic philosophy rises to the challenge presented by the originalists’ declaration that “it takes a theory to beat a theory”. (shrink)

With insights from philosophy of language and semiotics, this article addresses judicial choices and semantic errors involved in United States v. Stevens, 130 S.Ct. 1577 (2010) (refusing to read “killing” and “wounding” to include cruelty and thus striking down a federal statute outlawing videos of animal cruelty), and Snyder v. Phelps, 131 S.Ct. 1207 (2011) (finding a First Amendment right to picket military funerals and verbally attack parents of dead soldiers as part of purportedly-public expression). -/- This article maintains (...) that a better understanding of semiotics (the theory of signs) exposes the flaws in both decisions and bolsters the arguments of the lone dissenter in both cases, Justice Alito. Such a better understanding of semiotics involves grasping (a) how expression involves signs, (b) how signs work in general, and (c) the differences between three basic kinds of signs (indexes, icons and symbols). This article maintains that the expression involved in Stevens and in Phelps was a type of indexical or quasi-indexical expression that, for reasons similar to those involved in child pornography cases, should have no First Amendment protection. -/- This article also notes shifting interpretive positions in the Court that cry out for reform. Although Chief Justice Roberts uses a textualist approach in his majority opinion striking down the animal cruelty statute in Stevens, his majority opinion in National Federation of Independent Business v. Sebelius, 132 S.Ct. 2566 (2012), has no trouble finding a “penalty” a “tax,” upholding the Affordable Care Act, and chastising the dissent for voting to strike down a statute simply because “. . . Congress used the wrong labels.” Id. at 2597. -/- This article attempts to expose such gamesmanship in “textualism” and attempts to lay out a better semiotic path for the Court. It calls for more forthright judicial decision-making in constitutional and statutory interpretation; calls for rejecting mechanical notions of law that conceal judicial choice involved in constitutional and statutory interpretation; and calls for rejecting claims that dictionaries can settle constitutional or statutory interpretation issues without reference to constitutional and statutory goals. -/- Keywords: interpretation, construction, meaning, plain meaning, originalism, original intent, canon, semiotics, signs, signals, symbol, icon, index, signifier, signified, ordinary meaning, freedom of speech, freedom of expression, animal cruelty, first amendment, statutes. (shrink)

This Article explores the interpretation and construction of executive orders using as examples President Trump’s two executive orders captioned “Protecting the Nation From Foreign Terrorist Entry Into the United States” (the “Two Executive Orders”). President Trump issued the Two Executive Orders in the context of (among other things) Candidate Trump’s statements such as: “Islam hates us,” and “[W]e can’t allow people coming into this country who have this hatred.” President Trump subsequently provided further context including his tweet about the second (...) of his Two Executive Orders: “People, the lawyers and the courts can call [the second of the Two Executive Orders] whatever they want, but I am calling it what we need and what it is, a TRAVEL BAN!” Although President Trump replaced the first of the Two Executive Orders with the second one and although the Supreme Court by orders dated October 10, 2017 and October 24, 2017, vacated and remanded litigation involving the second order on grounds of mootness, the Two Executive Orders remain highly instructive for those who would understand the interpretation and construction of executive orders. This article therefore examines in detail the original speaker's (i.e., President Trump's) intended meaning and effect of the Two Executive Orders. It performs such examination using insights from the semiotic subfield of pragmatics, a semiotic subfield which explores how real-world people actually use, interpret, and construe language in various real-world contexts (including contexts where the issuer of the Two Executive Orders himself has claimed that “Islam hates us” and has tweeted “TRAVEL BAN!”). Using such insights of pragmatics, this Article also explores why reasonable judges thoroughly versed in legal theory, legal practice, and pragmatics should conclude that President Trump unlawfully targeted Muslims in the Two Executive Orders. This Article, among other things, also questions the sensibility of such notions as “facial legitimacy” to the extent such notions suggest text has meaning apart from context. Keywords: executive orders, speaker meaning, interpretation, construction, semiotics, pragmatics, originalism, speech acts, context, facial legitimacy, Constitutionality, First Amendment,Trump v. Int’l Refugee Assistance Project, Scalia, immigration, semantics, original meaning, travel ban, Trump, textualism. (shrink)

According to Originalism, word types are non-eternal continuants which are individuated by their causal-historical lineage and have a unique possible time of origination. This view collides with the intuition that individual words can be added to the lexicon of a language at different times, and generates other problematic consequences. The paper shows that such undesired results can be accommodated without abandoning Originalism.

I argue here that the existence of hermeneutical injustice as a pervasive feature of our collective linguistic and conceptual resources undermines the originalist task at two levels: one procedural, one substantive. First, large portions of society were (and continue to be) systematically excluded from the process of meaning creation when the Constitution and its Amendments were adopted, so originalism relies on enforcement of a meaning that was generated through an undemocratic process. Second, the original meaning of some words in those (...) texts may be substantively objectionable as a result because they fail to capture the relevant experiences of affected people at the time even if they accurately capture the conceptual understanding of reasonable people at the time, and this substantive failing may infect the text’s democratic legitimacy. To the extent that it can be overcome, overcoming this epistemic problem will require originalists to take seriously the insights of critical theory, understood in this Note as a normative inquiry into the historical context of the language and meaning of statutory text. Because originalists are already committed to a nominally descriptive inquiry into this context, and because this nominally descriptive inquiry masks the inherently normative aspects of the hermeneutical landscape, the switch to an explicitly normative inquiry may prove quite painless. (shrink)

How should we interpret the Constitution? The “positive turn” in legal scholarship treats constitutional interpretation, like the interpretation of statutes or contracts, as governed by legal rules grounded in actual practice. In our legal system, that practice requires a certain form of originalism: our system’s official story is that we follow the law of the Founding, plus all lawful changes made since. Or so we’ve argued. Yet this answer produces its own set of questions. How can practice solve our problems, (...) when there are so many theories of law, each giving practice a different role? Why look to an official story, when on-the-ground practice may be confused or divided—or may even make the story ring false? And why take originalism as the official story, when so many scholars and judges seem to reject it? This Essay offers a response to each. To the extent that legal systems are features of particular societies, a useful theory will have to pay attention to actual social practice, including the aspects of legal practice we describe. This positive focus really can resolve a great many contentious legal disputes, as shared legal premises lead to conclusions that might surprise us or that ultimately establish one side in a dispute as correct. The most serious challenge to our view is the empirical one: whether originalism is or isn’t the official story of our law. Stripped of their jurisprudential confusion, though, the best competing accounts of our law seem to have far less supporting evidence than our own account. Focusing on social practice as it stands today turns out to direct our attention to the Founders and to the changes over time that their law has recognized. (shrink)

Originalism has long been criticized for its “law office history” and other historical sins. But a recent “positive turn” in originalist thought may help make peace between history and law. On this theory, originalism is best understood as a claim about our modern law — which borrows many of its rules, constitutional or otherwise, from the law of the past. Our law happens to be the Founders’ law, unless lawfully changed. This theory has three important implications for the role of (...) history in law. First, whether and how past law matters today is a question of current law, not of history. Second, applying that current law may often require deference to historical expertise, but for a more limited inquiry: one that looks specifically at legal doctrines and instruments, interprets those instruments in artificial ways, and makes use of evidentiary principles and default rules when the history is obscure. Third, ordinary legal reasoning already involves the application of old law to new facts, an inquiry that might other-wise seem daunting or anachronistic. Applying yesterday’s “no vehicles in the park” ordinance is no less fraught — and no more so — than applying Founding-era legal doctrines. (shrink)

First of all, I would like to thank to the Philosophy of Law Department for this encounter with Professor Solum. It is really a pleasure meeting you Professor, and having the possibility to discuss this profoundly interesting and courageaus text with my colegues and specially with its author. The adjetive I have just used is not simply politeness, I really think we are in front of a very interesting work not only because of its persuasive humorous rhetoric but mainly because (...) it is a text that interrogates its own tradition even if it is with the intention to oxygenate, give air to it. And from a critical position that is something always to be welcomed. Nevertheless what I want to argue in this brief words is that what it is surprising (for my humble point of view) is that originalism, even in this new textual linguistic outfit or clothing, doesnt still address the question of the concept of origin itself. A question and a signifier that has a long inscription not only in western philosophical and interpretative traditions (meaning Nietzsche, Freud, Philosophical Hermeneutics as Gadamer, Ricoeur or in Derrida s deconstruction and so on) but also in non western interpretative tradition such as the Talmudic, for example. In these lines of thought the origin is unreachable, either lost or doesnt exist at all as far as there is no absolute ground that soustain an unique pure original meaning. In short, it is an empty signifier, obviously in dispute. So at last what it is called “original public meaning” it is no more than the result of the force relations between discourses. In other terms, there is an internal intimate relationship between power, language and interpretation. As Bajtin puts it (a russian linguist from the early XX century): the sign is the arena of social struggle. Or as Roland Barthes use to write: power parasitizes the language itself. (shrink)

Descriptive semantic theories purport to characterize the meanings of the expressions of languages in whatever complexity they might have. Foundational semantics purports to identify the kind of considerations relevant to establish that a given descriptive semantics accurately characterizes the language used by a given individual or community. Foundational Semantics I presents three contrasting approaches to the foundational matters, and the main considerations relevant to appraise their merits. These approaches contend that we should look at the contents of speakers’ intuitions; (...) at the deep psychology of users and its evolutionary history, as revealed by our best empirical theories; or at the personal‐level rational psychology of those subjects. Foundational Semantics II examines a fourth view, according to which we should look instead at norms enforced among speakers. The two papers aim to determine in addition the extent to which the approaches are really rival, or rather complementary. (shrink)

In this paper, we do two things. First, we provide some support for adopting a version of the meaningless strategy with respect to the liar paradox, and, second, we extend that strategy, by providing, albeit tentatively, a solution to that paradox—one that is semantic, rather than logical.

The meaning of an utterance is often enriched by the pragmatic context in which it is uttered. This is because in ordinary conversations we routinely and uncontroversially compress what we say, safe in the knowledge that those interpreting us will ‘add in’ the content we intend to communicate. Does the same thing hold true in the case of legal utterances like ‘This constitution protects the personal rights of the citizen’ or ‘the parliament shall have the power to lay and collect (...) taxes’? This article addresses this question from the perspective of the constitutional originalist—the person who holds that the meaning of a constitutional text is fixed at some historical moment. In doing so, it advances four theses. First, it argues that every originalist theory is committed to some degree of pragmatic enrichment, the debate is about how much. Second, that in determining which content gets ‘added in’, originalists typically hold to a common knowledge standard for enrichment, protestations... (shrink)

I argue that semantics is the study of the proprietary database of a centrally inaccessible and informationally encapsulated input–output system. This system’s role is to encode and decode partial and defeasible evidence of what speakers are saying. Since information about nonlinguistic context is therefore outside the purview of semantic processing, a sentence’s semantic value is not its content but a partial and defeasible constraint on what it can be used to say. I show how to translate this thesis (...) into a detailed compositional-semantic theory based on the influential framework of Heim and Kratzer. This approach situates semantics within an independently motivated account of human cognitive architecture and reveals the semantics–pragmatics interface to be grounded in the underlying interface between modular and central systems. (shrink)

This chapter develops a semantic theory for maps and situates it within the broader geography of meaning and semiotic significance. The discussion focuses on three central aspects of map semantics: the use of space, line marking, and linguistic tags. It is argued that the treatment of space in maps must be based on geometrical projection from a viewpoint rather than the traditional analysis in terms of spatial isomorphism. The chapter then shows how to integrate the projection-based semantics of maps (...) and the symbolic semantics of markers and tags, within the framework of possible-world semantics. The resulting account addresses issues of accuracy, viewpoint, orientation, and exhaustivity. (shrink)

In this paper, I dwell on a particular distinction introduced by Ilhan Inan—the distinction between ostensible and inostensible use of our language. The distinction applies to singular terms, such as proper names and definite descriptions, or to general terms like concepts and to the ways in which we refer to objects in the world by using such terms. Inan introduces the distinction primarily as an epistemic one but in his earlier writings (1997: 49) he leaves some room for it to (...) have some semantic significance i.e., the view that in certain intensional de re contexts whether a term occurring in a sentence is ostensible or inostensible may have a bearing on the semantic content of the sentence. However, in his later writings e.g., The Philosophy of Curiosity, he appears to abandon his earlier thoughts regarding the semantic significance of his distinction. He says: “the ostensible/inostensible distinction is basically an epistemic one.... It is an epistemic distinction that has no semantic significance” (2012: 65). I argue that there are indeed such intensional contexts in which the distinction has some semantic significance, i.e., whether a term is ostensible or inostensible has in fact a bearing on what proposition is expressed by the sentence in which the term occurs. (shrink)

Truthmaker semantics is a recent development in formal and philosophical semantics, with similar motivation and scope to possible worlds semantics. The technical background is rather different, however, and results in a more fine-grained hyperintensional notion of content, allowing us to distinguish between classically equivalent propositions. After briefly introducing the main ideas, this entry will describe the technical apparatus of state spaces and the central notions of content and partial content. It will then outline applications of truthmaker semantics in language, logic, (...) and other areas of philosophy. (shrink)

I develop and defend a truthmaker semantics for the relevant logic R. The approach begins with a simple philosophical idea and develops it in various directions, so as to build a technically adequate relevant semantics. The central philosophical idea is that truths are true in virtue of specific states. Developing the idea formally results in a semantics on which truthmakers are relevant to what they make true. A very natural notion of conditionality is added, giving us relevant implication. I then (...) investigate ways to add conjunction, disjunction, and negation; and I discuss how to justify contraposition and excluded middle within a truthmaker semantics. (shrink)

The word semantics, in robotics and AI, has no canonical definition. It usually serves to denote additional data provided to autonomous agents to aid HRI. Most researchers seem, implicitly, to understand that such data cannot simply be extracted from environmental data. I try to make explicit why this is so and argue that so-called semantics are best understood as data comprised of conventions of human behaviour. This includes labels, most obviously, but also places, ontologies, and affordances. Object affordances are especially (...) problematic because they require not only semantics that are not in the environmental data (conventions of object use) but also an understanding of physics and object combinations that would, if achieved, constitute artificial superintelligence. (shrink)

Abstract I argue that good and right are gradable adjectives as that is understood in the current linguistic theory of gradable adjectives. According that theory, gradable adjectives do not denote properties but contribute meaning in a different yet cognitive way; and if that applies to good and right, then those words contribute meaning and provide evaluativity and normativity by means other than denoting properties. If that is true, significant consequences follow for metaethics, both because of the lack of properties good (...) and right, and because of specific features of the gradable adjective semantics. I outline the theory of good and right as gradable adjectives and explore some of those consequences, attempting to give a sense of what changes we may expect in metaethics. (shrink)

In this paper, we present a new semantic framework designed to capture a distinctly cognitive or epistemic notion of meaning akin to Fregean senses. Traditional Carnapian intensions are too coarse-grained for this purpose: they fail to draw semantic distinctions between sentences that, from a Fregean perspective, differ in meaning. This has led some philosophers to introduce more fine-grained hyperintensions that allow us to draw semantic distinctions among co-intensional sentences. But the hyperintensional strategy has a flip-side: it risks (...) drawing semantic distinctions between sentences that, from a Fregean perspective, do not differ in meaning. This is what we call the ‘new problem’ of hyperintensionality to distinguish it from the ‘old problem’ that faced the intensional theory. We show that our semantic framework offers a joint solution to both these problems by virtue of satisfying a version of Frege’s so-called ‘equipollence principle’ for sense individuation. Frege’s principle, we argue, not only captures the semantic intuitions that give rise to the old and the new problem of hyperintensionality, but also points the way to an independently motivated solution to both problems. (shrink)

Two semantic paradoxes, the Liar and Curry’s paradox, are analysed using a newly developed conception of procedural semantics (semantics according to which the truth of propositions is determined algorithmically), whose main characteristic is its departure from methodological realism. Rather than determining pre-existing facts, procedures are constitutive of them. Of this semantics, two versions are considered: closed (where the halting of procedures is presumed) and open (without this presumption). To this end, a procedural approach to deductive reasoning is developed, based (...) on the idea of simulation. As is shown, closed semantics supports classical logic, but cannot in any straightforward way accommodate the concept of truth. In open semantics, where paradoxical propositions naturally ‘belong’, they cease to be paradoxical; yet, it is concluded that the natural choice—for logicians and common people alike—is to stick to closed semantics, pragmatically circumventing problematic utterances. (shrink)

Expressivists about epistemic modals deny that ‘Jane might be late’ canonically serves to express the speaker’s acceptance of a certain propositional content. Instead, they hold that it expresses a lack of acceptance. Prominent expressivists embrace pragmatic expressivism: the doxastic property expressed by a declarative is not helpfully identified with that sentence’s compositional semantic value. Against this, we defend semantic expressivism about epistemic modals: the semantic value of a declarative from this domain is the property of doxastic attitudes (...) it canonically serves to express. In support, we synthesize data from the critical literature on expressivism—largely reflecting interactions between modals and disjunctions—and present a semantic expressivism that readily predicts the data. This contrasts with salient competitors, including: pragmatic expressivism based on domain semantics or dynamic semantics; semantic expressivism à la Moss [2015]; and the bounded relational semantics of Mandelkern [2019]. (shrink)

This paper considers a now familiar argument that the ubiquity of context -dependence threatens the project of natural language semantics, at least as that project has usually been conceived: as concerning itself with `what is said' by an utterance of a given sentence. I argue in response that the `anti-semantic' argument equivocates at a crucial point and, therefore, that we need not choose between semantic minimalism, truth-conditional pragmatism, and the like. Rather, we must abandon the idea, familiar from (...) Kaplan and others, that utterances express propositions `relative to contexts' and replace it with the Strawonian idea that speakers express propositions by making utterances in contexts. The argument for this claim consists in a detailed investigation of the particular case of demonstratives, which I argue demand such a Strawsonian treatment. I then respond to several objections, the most important of which allege that the Strawsonian account somehow undermines the project of natural language semantics, or threatens the semantics -pragmatics distinction. Please note that the paper posted here is an extended version of what was published. (shrink)

Neil Gorsuch lauds judges who purport to “apply the law as it is, focusing backward, not forward, and looking to text, structure, and history to decide what a reasonable reader at the time of the events in question would have understood the law to be . . . .” It’s hard to see how such a form of Originalism withstands scrutiny. -/- First, using “reasonable reader” understandings rather than speaker meaning turns language and law on their heads. Audiences effectively become (...) the speakers in ordinary speech (since reader or audience meaning prevails), and audiences (and thus the ruled) effectively become the rulers when interpreting law (since audiences’ meaning prevails). -/- Second, since laws look forward to govern conduct, how can best legal practices keep such a backward focus? -/- Third, words (however understood by others at the time “originally” uttered) may or may not (depending on speaker and not reader meaning) signify concepts whose meanings embrace change over time. For example, the word “planet” used by a speaker before the discovery of Uranus and Neptune may or may not include further planets depending upon what the speaker meant by “planet.” (The same applies to the inclusion or exclusion of Pluto had the speaker used the word “planet” after the discovery of Pluto but before its exclusion by current science.) Unlike the “reasonable” reader of Gorsuch’s Originalism as phrased above, speakers run the gamut from reasonable to unreasonable, from informed to uninformed, and from thoughtful to thoughtless. -/- Fourth, to the extent a judge is principally “constrained” by a text or texts (as he may determine), by dictionaries that he chooses, and by “history” as the judge understands it, isn’t judicial activism encouraged rather than restrained? Talk of a “reasonable” reader masks the fact that there can be multiple “reasonable” conclusions of what a reasonable or unreasonable speaker meant. Is a judge not therefore left to pick definitions and applications of terms that accord with the judge’s understandings of history, understandings that may well be colored by the judge’s politics and judicial philosophy? This applies to principles as well as labels for things. Principles are also subject to multiple frames, and their terms are subject to multiple definitions therefore raising the very same questions just raised above. -/- Finally, such Originalism doesn’t merely fail with legal texts. It also fails when applied to other texts (including sacred texts such as the Ten Commandments) and when used to interpret art (such as “Landscape with the Fall of Icarus” often attributed to Bruegel and which inspired such great ekphrasis as Auden’s “Musée Des Beaux Arts”). These further failures underscore the dysfunction of Originalism in Gorsuch's form noted above. -/- Keywords: Originalism, Neil Gorsuch, Text, Textualism, Scalia, Interpretation, Pragmatics, Speaker Meaning, Art, Painting, Bruegel, Auden, Ekphrasis, Icarus, Bible, Ten Commandments, Herod, Declaration of Independence, Abraham Lincoln. (shrink)

The article investigates the significance of the so-called phenomenon of apparent faultless disagreement for debates about the semantics of taste discourse. Two kinds of description of the phenomenon are proposed. The first ensures that faultless disagreement raises a distinctive philosophical challenge; yet, it is argued that Contextualist, Realist and Relativist semantic theories do not account for this description. The second, by contrast, makes the phenomenon irrelevant for the problem of what the right semantics of taste discourse should be. Lastly, (...) the following dilemma is assessed: either faultless disagreement provides strong evidence against semantic theories; or its significance should be considerably downplayed. (shrink)

There is a wealth of resources— ideas, insights, discoveries, inventions, traditions, cultures, languages, arts, religions, sciences, narratives, stories, poems, customs and norms, music and songs, games and personal experiences, and advertisements—that we produce, curate, consume, transmit, and inherit as humans. This wealth, which I define as semantic capital, gives meaning to, and makes sense of, our own existence and the world surrounding us. It defines who we are and enables humans to develop an individual and social life. This paper (...) discusses the shift from analog to digital semantic capital, and the extent to which this might affect the semanticisation of our identities, our lives and our realities. -/- . (shrink)

This paper attempts to answer whether the property of “efficacy” can be attributed to constitutive rules. In particular, according to Di Lucia, I will point out some problems that the “semantic conception of efficacy” has concerning constitutive and regulative rules. Then, the main goal of the paper will be to reflect on the possibility of the efficacy of constitutive rules by means of a complex case that the semantic conception seems to disregard: The case of the cheater. Does (...) the action of the cheater show the inefficacy of constitutive rules? Does she play the game while breaking the rule? Can the semantic conception of efficacy explain this situation, or do we need a more flexible concept of efficacy that takes nomotropism into account? These are some of the questions I will try to answer. (shrink)

The aim of this paper is to reinterpret success semantics, a theory of mental content, according to which the content of a belief is fixed by the success conditions of some actions based on this belief. After arguing that in its present form, success semantics is vulnerable to decisive objections, I examine the possibilities of salvaging the core of this proposal. More specifically, I propose that the content of some very simple, but very important, mental states, the immediate mental antecedents (...) of action, can be explained in this manner. (shrink)

Our aim in this paper is to extend the semantics for the kind of logic of ground developed in (deRosset and Fine, 2023). In that paper, we very briefly suggested a way of treating universal and existential quantification over a fixed domain of objects. Here we explore some options for extending the treatment to allow for a variable domain of objects.

Research has indicated that microRNAs (miRNAs), a special class of non-coding RNAs (ncRNAs), can perform important roles in different biological and pathological processes. miRNAs’ functions are realized by regulating their respective target genes (targets). It is thus critical to identify and analyze miRNA-target interactions for a better understanding and delineation of miRNAs’ functions. However, conventional knowledge discovery and acquisition methods have many limitations. Fortunately, semantic technologies that are based on domain ontologies can render great assistance in this regard. In (...) our previous investigations, we developed a miRNA domain-specific application ontology, Ontology for MIcroRNA Target (OMIT), to provide the community with common data elements and data exchange standards in the miRNA research. This paper describes (1) our continuing efforts in the OMIT ontology development and (2) the application of the OMIT to enable a semantic approach for knowledge capture of miRNA-target interactions. (shrink)

Philosophers have spilled a lot of ink over the past few years exploring the nature and significance of grounding. Kit Fine has made several seminal contributions to this discussion, including an exact treatment of the formal features of grounding [Fine, 2012a]. He has specified a language in which grounding claims may be expressed, proposed a system of axioms which capture the relevant formal features, and offered a semantics which interprets the language. Unfortunately, the semantics Fine offers faces a number of (...) problems. In this paper, I review the problems and offer an alternative that avoids them. I offer a semantics for the pure logic of ground that is motivated by ideas already present in the grounding literature, and for which a natural axiomatization capturing central formal features of grounding is sound and complete. I also show how the semantics I offer avoids the problems faced by Fine’s semantics. (shrink)

This paper presents a uniform semantic treatment of nonmonotonic inference operations that allow for inferences from infinite sets of premises. The semantics is formulated in terms of selection functions and is a generalization of the preferential semantics of Shoham (1987), (1988), Kraus, Lehman, and Magidor (1990) and Makinson (1989), (1993). A selection function picks out from a given set of possible states (worlds, situations, models) a subset consisting of those states that are, in some sense, the most preferred ones. (...) A proposition α is a nonmonotonic consequence of a set of propositions Γ iff α holds in all the most preferred Γ-states. In the literature on revealed preference theory, there are a number of well-known theorems concerning the representability of selection functions, satisfying certain properties, in terms of underlying preference relations. Such theorems are utilized here to give corresponding representation theorems for nonmonotonic inference operations. At the end of the paper, the connection between nonmonotonic inference and belief revision, in the sense of Alchourrón, Gärdenfors, and Makinson, is explored. In this connection, infinitary belief revision operations that allow for the revision of a theory with a possibly infinite set of propositions are introduced and characterized axiomatically. (shrink)

I use the principle of truth-maker maximalism to provide a new solution to the semantic paradoxes. According to the solution, AUS, its undecidable whether paradoxical sentences are grounded or ungrounded. From this it follows that their alethic status is undecidable. We cannot assert, in principle, whether paradoxical sentences are true, false, either true or false, neither true nor false, both true and false, and so on. AUS involves no ad hoc modification of logic, denial of the T-schema's validity, or (...) obvious revenge. (shrink)

In virtue of what does a sign have meaning? This is the question raised by Wittgenstein's rule-following considerations. Semantic dispositionalism is a (type of) theory that purports to answer this question. The present paper argues that semantic dispositionalism faces a heretofore unnoticed problem, one that ultimately comes down to its reliance on unanalyzed notions of repeated types of signs. In the context of responding to the rule-following paradox—and offering a putative solution to it—this amounts to simply assuming a (...) solution to the problem in one domain and using it to solve the same problem in another. Given, moreover, the level at which the rule-following paradox undercuts dispositionalism—the level of the notion of a sign's repetition—the objections made to the view also rule out causal/informational theories of meaning as well as communitarian/assertion-theoretic ones as potential solutions to the rule-following paradox. (shrink)

Our manuscript addresses the foundational question of cognitive science: how do we know? Specifically, examination of the mathematics of acquiring mathematical knowledge revealed that knowing-within-mathematics is reflective of knowing-in-general. Based on the correspondence between ordinary cognition (involving physical stimuli, neural sensations, mental concepts, and conscious percepts) and mathematical knowing (involving objective particulars, measured properties, abstract theories, and concrete models), we put forward the functorial semantics of mathematical knowing as a formalization of cognition. Our investigation of the similarity between mathematics and (...) cognition led us to argue against the compartmentalization of scientific knowledge and ordinary cognition, and make a case for the understanding of the basic science of knowing in terms of functorial semantics. Recognizing functorial semantics as an elementary form of cognition can help advance cognitive science the way calculus helped in the advancement of physics. (shrink)

This article focuses on foundational issues in dynamic and static semantics, specifically on what is conceptually at stake between the dynamic framework and the truth-conditional framework, and consequently what kinds of evidence support each framework. The article examines two questions. First, it explores the consequences of taking the proposition as central semantic notion as characteristic of static semantics, and argues that this is not as limiting in accounting for discourse dynamics as many think. Specifically, it explores what it means (...) for a static semantics to incorporate the notion of context change potential in a dynamic pragmatics and denies that this conception of static semantics requires that all updates to the context be eliminative and distributive. Second, it argues that the central difference between the two frameworks is whether semantics or pragmatics accounts for dynamics, and explores what this means for the oft-heard claim that dynamic semantics blurs the semantics/pragmatics distinction. (shrink)

In this paper we present a characterization of hyper-connexivity by means of a relating semantics for Boolean connexive logics. We also show that the minimal Boolean connexive logic is Abelardian, strongly consistent, Kapsner strong and antiparadox. We give an example showing that the minimal Boolean connexive logic is not simplificative. This shows that the minimal Boolean connexive logic is not totally connexive.

The paper discusses Saul Kripke's Normativity Argument against semantic dispositionalism: it criticizes the orthodox interpretation of the argument, defends an alternative reading and argues that, contrary to what Kripke himself seems to have been thinking, the real point of the Normativity Argument is not that meaning is normative. According to the orthodox interpretation, the argument can be summarized as follows: (1) it is constitutive of the concept of meaning that its instances imply an ought, but (2) it is not (...) constitutive of the concept of a disposition that dispositions imply an ought, hence (3) no dispositional analysis of meaning can work. According to my alternative reading, the point of the argument is another one, namely that while (1) dispositionalism is committed to the thesis that speakers have non-inferential knowledge of their unmanifested linguistic dispositions, (2) speakers, as a matter of fact, do not have such a knowledge. A point that is in principle independent from the issue of the normativity of meaning. (shrink)

This paper challenges the negative attitudes towards labelled proof systems, usually referred to as semantic pollution, by arguing that such critiques overlook the full potential of labelled calculi. The overarching objective is to develop a practice-based philosophical analysis of labelled calculi to provide insightful considerations regarding their proof-theoretic and philosophical value. To achieve this, successful applications of labelled calculi and related results will be showcased, and comparisons with other relevant works will be discussed. The paper ends by advocating for (...) a more practice-based approach towards the philosophical understanding of proof systems and their role in structural proof theory. (shrink)

This paper gives an outline of truthmaker semantics for natural language against the background of standard possible-worlds semantics. It develops a truthmaker semantics for attitude reports and deontic modals based on an ontology of attitudinal and modal objects and on a semantic function of clauses as predicates of such objects. It also présents new motivations for 'object-based truthmaker semantics' from intensional transitive verbs such as ‘need’, ‘look for’, ‘own’, and ‘buy’ and gives an outline of their semantics. This paper (...) is a commissioned 'target' article, with commentaries by W. Davis, B. Arsenijevic, K. Moulton, K. Liefke, M. Kaufmann, R. Matthews, P. Portner and A. Rubinstein, P. Elliott, G. Ramchand and my reply. (shrink)

A semantics of pictorial representation should provide an account of how pictorial signs are associated with the contents they express. Unlike the familiar semantics of spoken languages, this problem has a distinctively spatial cast for depiction. Pictures themselves are two-dimensional artifacts, and their contents take the form of pictorial spaces, perspectival arrangements of objects and properties in three dimensions. A basic challenge is to explain how pictures are associated with the particular pictorial spaces they express. Inspiration here comes from recent (...) proposals that analyze depiction in terms of geometrical projection. In this essay, I will argue that, for a central class of pictures, the projection-based theory of depiction provides the best explanation for how pictures express pictorial spaces, while rival perceptual and resemblance theories fall short. Since the composition of pictorial space is itself the basis for all other aspects of pictorial content, the proposal provides a natural foundation for further pictorial semantics. (shrink)

Virtual environments engage millions of people and billions of dollars each year. What is the ontological status of the virtual objects that populate those environments? An adequate answer to that question requires a developed semantics for virtual environments. The truth-conditions must be identified for “tree”-sentences when uttered by speakers immersed in a virtual environment (VE). It will be argued that statements about virtual objects have truth-conditions roughly comparable to the verificationist conditions popular amongst some contemporary antirealists. This does not mean (...) that the virtual objects lack ontological standing. There is an important sense in which virtual objects are no less real for being mind-dependent. (shrink)

Epistemic Contextualism is the view that “knows that” is semantically context-sensitive and that properly accommodating this fact into our philosophical theory promises to solve various puzzles concerning knowledge. Yet Epistemic Contextualism faces a big—some would say fatal—problem: The Semantic Error Problem. In its prominent form, this runs thus: speakers just don’t seem to recognise that “knows that” is context-sensitive; so, if “knows that” really is context-sensitive then such speakers are systematically in error about what is said by, or how (...) to evaluate, ordinary uses of “S knows that p”; but since it's wildly implausible that ordinary speakers should exhibit such systematic error, the expression “knows that” isn't context-sensitive. We are interested in whether, and in what ways, there is such semantic error; if there is such error, how it arises and is made manifest; and, again, if there is such error to what extent it is a problem for Epistemic Contextualism. The upshot is that some forms of The Semantic Error Problem turn out to be largely unproblematic. Those that remain troublesome have analogue error problems for various competitor conceptions of knowledge. So, if error is any sort of problem, then there is a problem for every extant competitor view. (shrink)

Prawitz conjectured that proof-theoretic validity offers a semantics for intuitionistic logic. This conjecture has recently been proven false by Piecha and Schroeder-Heister. This article resolves one of the questions left open by this recent result by showing the extensional alignment of proof-theoretic validity and general inquisitive logic. General inquisitive logic is a generalisation of inquisitive semantics, a uniform semantics for questions and assertions. The paper further defines a notion of quasi-proof-theoretic validity by restricting proof-theoretic validity to allow double negation elimination (...) for atomic formulas and proves the extensional alignment of quasi-proof-theoretic validity and inquisitive logic. (shrink)

Turner argues that computer programs must have purposes, that implementation is not a kind of semantics, and that computers might need to understand what they do. I respectfully disagree: Computer programs need not have purposes, implementation is a kind of semantic interpretation, and neither human computers nor computing machines need to understand what they do.

Success semantics holds, roughly, that what it is for a state of an agent to be a belief that P is for it to be disposed to combine with her desires to cause behaviour that would fulfill those desires if P. J. T. Whyte supplements this with an account of the contents of an agent's “basic desires” to provide an attractive naturalistic theory of mental content. We argue that Whyte's strategy can avoid the objections raised against it by restricting “basic (...) desires” to sensory inclinations that cause us to do things independently of our beliefs about their contents. -/- La sémantique du succès soutient, en gros, que ce qu'il faut pour qu'un état d'un agent soit une croyance en P, c'est que cet état soit disposé à se combiner avec ses désirs pour provoquer un comportement qui répondrait à ces désirs si P. J. T. Whyte complète cela par un compte-rendu du contenu des « désirs de base » d'un agent pour fournir une théorie naturaliste attrayante du contenu mental. Nous soutenons que la stratégie de Whyte peut éviter les objections qui lui sont faites en restreignant les « désirs de base » aux inclinations sensorielles qui nous font agir indépendamment de nos croyances sur leur contenu. (shrink)