Language and Legal Interpretation

The functioning of the law is based on how language is interpreted. This course focuses on the role language plays in the interpretation of legal texts, such as constitutions, statutes, and contracts. These formal scenarios involving the interpretation of texts will be contrasted with informal scenarios involving the interpretation of oral statements, such as in police/citizen interactions. Issues of interpretation are constantly before the courts, even in relatively homogeneous, monolingual cultures. We will consider how the heterogeneous, multilingual nature of our society should impact both formal and informal legal interpretation. Thus, for instance, what does it mean for an “ordinary person” to have “fair notice” of the law? Is that a value that courts should promote? Should a court interpret a legal text according to its “ordinary meaning”? Is there such a thing as “ordinary meaning,” and if so, how can an attorney or court identify it? How should the language of a law, such as a civil rights statute, be interpreted over time? Is it inevitable that such a law will be interpreted dynamically? We will also critically analyze new research methods that courts are increasingly embracing, such as corpus linguistics, that purport to turn legal interpretation into an empirical endeavor.