Rohan, 

If I understand what you are trying to say, then that's why draftsmen go to great lengths to word legislation in exactly the way it is intended to be meant. That's why loopholes happen and that's why, when judges tend to get the meaning not quite right, amendments are made or legislation is changed to attempt to get it right. It's why higher courts interpret and set precedents as to the meaning of legislation.

Or, I've completely misunderstood your point :/.

Michael


On Fri, Mar 8, 2013 at 11:07 AM, Rohan McLeod <rhn@jeack.com.au> wrote:
Lev Lafayette wrote:
>> When the law is mis-written and the defendant gets off with the loophole
>> or other reason for the mis-written law, then it is up the the
>> parliamentray system to correct the law so that it cannot be
>> mis-interpretted again.
> Mis-interpreted? So interpretation of words does play a role!
>
> Interpreting according to the "spirit of the law" (literally, there is no
> such thing), involves judges making decisions according to contextual and
> current interpretation, according to their interpretation of what the
> legislatives intended with the law.
>
> It is actually unavoidable in any meaning-based language (e.g., excluding
> computer "languages") not to engage in interpretation.

But here's the rub; if I intend one thing by a word I have spoken or
written, but  someone else ether 'receives' no meaning,
  a different meaning or a multitude of meanings; then communication is
not taking place.
Take the word 'interpretation', since it is relevant, one person might
intend 'disambiguation.'
whilst another might intend substitution  of :  'the real meaning' , the
original (etymological) meaning or
just their own idiosyncratic meaning. Whilst one might think this area
would form a fundamental part
of linguistics, my reading of popular books on the subject finds a
frustrating lack of content.
Of course the theory  of reconstruction of sentence meaning;
ie.sentence semantics is well developed but questions like:
  "What kind of thing (ontologically) is a word ?"
" What kind of thing is the definition of a word ?
" What kind of thing and what is the purpose of the  dictionary
definition of a word ?;
seem to fall in a never-never land between ontology and language.
The situation is not helped by a seeming tendency of linguistics to:
1/  want to treat language as a natural phenomena, where questions of
purpose are not applicable,
      rather than as a social artifact where they are and
2/  to want to treat words as a purely objectively observable phenomena,
when  it seems apparent that as symbols
      this may be so; but the referents of those symbols seem to be
categories of subjective experience.

regards Rohan McLeod

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