[R]easonable people can and do argue over the best conception of interpretation. Intended meaning is unquestionably one candidate, but there are others. To choose among the plausible candidates, judges and lawyers need normative criteria external to texts, and it is hardly sufficient to investigate interpretation as a social practice (in, for example, ordinary conversations). It is necessary to think about the world and to look outward, rather than to pretend that definitions can solve the problem.
August 1, 2016 at 1:05 PM EDT