So I've been reading Brandom's Articulating Reasons, the gentle introduction to his inferentialist magnum opus, thinking that perhaps therein lies a rigorous foundation to a practice-based conception of legal argument that goes beyond mere handwaving. And, hey, look: "On Legal Inferentialism. Toward a Pragmatics of Semantic Content in Legal Interpretation?" I love it when it turns out someone has written an article clarifying exactly the problem I'm trying to muddle through.
One frustrating aspect of the questions I'm interested in is that I really need to become conversant not merely in general jurisprudence and constitutionalism-as-political-theory, but philosophy of language/mind/action, and probably sociological analysis of institutions, too. Especially insofar as the inferentialist stuff seems rather heterodox. (Brandom's "Making it Explicit" has about 500 Google Scholar citations, but it seems like about 450 are dedicated to refuting it.) Eeep!
More later.
Friday, July 13, 2007
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