How Linguistic Interpretation Can Profoundly Shape Court Decisions
Dr. Erica Brozovsky of thePBSseriesOtherwords explained how a judicial interpretation of linguistics can profoundly affect a court decision. Such interpretations include grammatical issues, such asthe Oxford comma, as well as dictionary definitions and search terms.
In a courtroom, these semantic disagreements can have life or death consequences. How a single word or punctuation mark is interpreted can mean the difference between freedom or life in prison.
Brozovsky also explores the concept of textualism, a widely used theory that focuses on the plain meaning of a legal text, without considering context, intention, or the problem it initially sought to remedy.
How a Missing Oxford Comma Cost a Dairy $5,000,000According to Textualism, a judge should never consider any information outside the literal wording of a statute. Even if you happen to know exactly what the legislators had in mind when they wrote a bill, if they didn't express it clearly, it doesn't matter. In this philosophy, the law is the words on the page, nothing more, nothing less.
How a Missing Oxford Comma in Maine Employment Law Cost a Portland Dairy Over $5,000,000 in Overtime
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