Literal Meaning and New Theories of Reference

Abstract

Constant references to literal meaning and its relevance in order to preserve the rule of law (predictability, in particular) do not reflect the complexity of our language. In this paper I analyze the descriptivist conception that seems to underlie these references and I present an alternative conception, new theories of reference, that allows us to account for our language in general, and for legal interpretation in particular. Once a semantic conception is assumed, in the last part of the work I reflect on what arguments are relevant to adopt a certain interpretation when difficult cases arise.