is there a pithy law & economics term for “the law as various observers believe it to be” vs what it actually is in practice?
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When I think about linguistic quibbling like that my reaction is sort of instantly "but what about Grice?!?" Assume utterances are short, relevant, informative, and optimized to be so. Then intended meaning becomes MUCH clearer. http://goo.gl/DFiSDB
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Yes, Grice is in the same tradition, with late Wittgenstein and then Austin. Heuristically useful but doesn’t work as an empirically adequate account if you apply it to real-world usage. You have to go full ethnomethodology if you want empirical coverage.
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oh my god
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Maybe an argument against legal strict constructionism, at least if that is taken too far https://cpb-us-w2.wpmucdn.com/voices.uchicago.edu/dist/9/177/files/2008/01/searle-literal-meaning.pdf …
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