Publication details [#66016]

Butler, Brian E. 2019. Herman Oliphant, stare decisis and the primacy of pragmatics in legal reasoning (with a brief excursion into neuropragmatics). Intercultural Pragmatics 16 (3) : 319–334.
Publication type
Article in journal
Publication language
Place, Publisher
De Gruyter


This article stresses the priority of an embedded pragmatics over other conceptions of linguistic meaning and practice in law. Herman Oliphant, in “A Return to Stare Decisis” presents an argument that helps reinforce the claim for the “primacy of pragmatics” (PoP) in law. His work also displays that if the PoP is accepted, not only does this have notable influence on actual legal practice, but it also underlines awkward blind spots in currently prevalent philosophical law theories.