Lloyd on Recasting Canons of Construction Into "Canonical" Queries: Canons and Queries of Meaning, Spirit, Letter, and Text @LloydEsq @WFULawSchool

Harold Anthony Lloyd, Wake Forest University School of Law, has published Recasting Canons of Construction Into “Canonical” Queries: Canons and Queries Of Meaning, Spirit, Letter, and Text. Here is the abstract.

This article builds upon my two prior articles addressing deficiencies in the canons of construction and the need to convert such canons to “canonical” queries. Focusing on canons, presumptions, and queries of speaker meaning, spirit, letter, and text, this article explores: General Queries of Speaker Meaning, Ordinary-Meaning Queries, Consistent Usage Queries, Signifier Drift Queries, Sense Fixation Queries, Reference Fixation Queries, General/Specific Queries, Prospectivity/Retroactivity Queries, and Purpose or “Spirit” Queries. In addressing such queries, this article: (1) continues to recast “canons of construction” into an expanding list of common or “canonical” queries and related tools; (2) addresses necessary steps of distinguishing interpretation (addressing linguistic meaning) from construction (addressing legal meaning); (3) explores the importance of querying speaker meaning including legislative intent; (4) debunks claims that legislative intent is a problematic concept; (5) addresses the necessary step of exploring all available evidence (including legislative history) when performing interpretation and construction; and (6) addresses essential linguistic and semiotic frameworks for such “canonical” queries and related tools. In addressing these essential linguistic and semiotic frameworks, this article also: (7) explores why queried text is a semiotic co-relation of signifier(s) and signified(s); (8) debunks illusory conflicts between text, letter, and spirit of the law; (9) calls out needs to define the meaning of “meaning” presupposed by theories of interpretation and their semantic queries; (10) explores the necessarily experiential and thus temporal nature of such meaning; (11) addresses how meaning’s experiential and thus temporal nature undermines strict fixation theses without also undermining meaning otherwise anchored by concepts or conceptions acknowledged to be temporal; (12) otherwise highlights the essential role of time and experience in legal hermeneutics and semantic queries; and (13) underscores hermeneutics’ essential role not only in rule of law but also in the genesis of lifeworlds so ruled. Any plausible textualism must be consistent with all the above. In that vein, this article is written with hopes of adding its explorations (along with those of my two prior canons to queries articles) to a planned book countering Scalia and Garner’s Reading Law: The Interpretation of Legal Texts. I am happy to share the most current outline of this planned work upon request.

Download the article from SSRN at the link.