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Academic

: Legal Theory Blog

Marmor on Truth in Law

By Lawrence Solum

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Andrei Marmor (University of Southern California - Gould School of Law) has posted Truth in Law on SSRN. Here is the abstract:

    In this essay I offer a speech act analysis of truth evaluable content of legal prescriptions. The argument is based on two main frameworks: one, drawn from an analogy with truth in fiction, explains the prefixed nature of legal statements, and the second explores the propositional content of legal prescriptions as a species of exhortative speech acts. Overall, the essay suggests an interpretation of legal prescriptions that allows for the validity of standard legal syllogisms.

Highly recommended.

Full post as published by Legal Theory Blog on February 17, 2011 (boomark / email).

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