Some Varieties of Linguistic Argumentation
The maxim to understand the law literally (Montesquieu, Voltaire) resembles Holmes' Plain Meaning Approach. But these approaches should not be considered as the expression of a naïve legal epistemology. They rather stress that the law ought to be interpreted as it is understood by the prudent citizen. In this way, the ideal of the rule of law is best guaranteed.
Document Type: Research Article
Affiliations: Leiden UniversityFaculty of LawP.O. Box 95202300 RA LeidenThe Netherlands
Publication date: December 1, 2008