Denial of the Trend of Judicial Pragmatism:Taking the Meaning of Legal Language as the Main Line
The trend of judicial pragmatism draws on the post-Wittgensteinian philosophy of language to develop linguistic nihilism and question the predetermined and binding meaning of legal language.In the view of pragmatists,linguistic nihilism can be supported by futility theory and redundancy theory.But such arguments are too radical and cannot be justified in the philosophy of language.Although legal language is open to dynamic changes,legal texts are still important for interpreting the meaning of norms,and the meaning of language also has stability and predictability at the interpretation level.To truly understand the law and judicial adjudication,we must understand the normative nature of legal language,as well as the stability and predictability and other legal values.The linguistic meaning(literary meaning)of legal rules is not only the"first word"of judicial decisions,but also the"last word"that limits the role of other interpretation methods.
judicial pragmatismlegal languageliteral meaningstability of lawlegal interpretation
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