As a lover of words, I am of course interested in the following Quinnipiac poll which asked responders "What is the first word that comes to mind when you think of Donald Trump?" The list provides endless fodder for analysis of speaker meaning. The top two answers were "idiot" and "incompetent." Did the speakers mean some subtle difference between those terms? What about any meant difference between those two terms and such other terms as "unqualified," "ignorant," "stupid," and "clown"? The third most frequent response is "liar." Was "liar" meant in a different sense from "dishonest" or "con-man" which pop up later in the list? Is "leader" (fourth on the list) a complement or is it a factual statement such as "president" (sixth on the list)? What about "trying"? Does that mean the man is attempting to succeed (my guess but it's only a guess) or that he is "causing strain, hardship, or distress" (American Heritage College Dictionary 4th ed.)? I also wonder how Originalists like Neil Gorsuch would interpret and parse each word in this list. Reasonable contemporaneous readers can of course draw wildly different conclusions about the meanings of these words.
In addition to law and language generally, this blog explores philosophy, translation, poetry (including my own poetry and translations), legal education reform, genealogy, rhetoric, politics, and other things that interest me from time to time. I consider all my poems and translations flawed works in progress, tweak them unpredictably, and consider the latest-posted versions the latest "final" forms. I'd enjoy others' thoughts on anything posted. © Harold Anthony Lloyd 2024
Showing posts with label Neil Gorsuch. Show all posts
Showing posts with label Neil Gorsuch. Show all posts
Monday, July 10, 2017
Monday, February 27, 2017
Neil Gorsuch? Originalism and the Ten Commandments
Current Supreme Court nominee Neil Gorsuch claims that judges should “apply
the law as it is, focusing backward, not forward, and looking to text,
structure, and history to decide what a reasonable reader at the time of
the events in question would have understood the law to be ....”
On its face, this is at best an odd claim. Laws are generally forward
looking in their desire to govern future behavior. And even if we could
always focus back to determine legal meaning, why would we want to
disconnect meaning from ongoing life in such a way? Why, for example,
should the absence of email in George Washington’s day mean our modern
use of email isn’t covered by our modern notions of “speech”? Excluding
email from “speech” today would be silly and we have refined “speech”
to include email in both law and in life. Of course, if we refine
meaning for “speech” and “email,” why shouldn’t we do the same for other
things in other contexts as they change with time? It’s hard to see
how Originalism’s odd backwardness isn’t fatal from the outset.
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