Monthly Archives: February 2018

Artis v. District of Columbia, part 2: Units of meaning and dictionary definitions

Sometimes, it’s immediately obvious from the opinions that a case raises questions about interpretation that are interesting, important, or both. Smith v. United States, in which the question was whether trading a handgun for drugs amounts to “using” it, is a classic example. At first glance, the Supreme Court’s decision in Artis v. District of Columbia  doesn’t seem to be in that category. It doesn’t offer interesting linguistic issues that call attention to themselves, except for someone who is familiar with the work of the linguist John Sinclair and the lexicographer Patrick Hanks. But with some digging, Artis yields some issues that I think are  interesting and significant, having to do with new approaches to analyzing questions of word meaning and with how not to use dictionaries.

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SCOTUS cites CGEL (props to Justice Gorsuch and the Supreme Court Library)

When grammatical questions come up in cases, the lawyers and judges will want to support their arguments and analyses with citations to books about grammar. Most of the time, they cite books intended for a general audience, such as the McGraw-Hill Handbook of English Grammar and Usage, The Elements of Grammar, Strunk & White, and various books by Bryan Garner; and books intended for lawyers, such as The Grammar and Writing Handbook for Lawyers and (again) various books by Bryan Garner.

Unfortunately, none of those books gives an adequate description of English grammar, which is a subject that is much more complex than most people realize. If you’re looking for a book that can speak about the subject reliably and with authority, the leading candidates are two books that are both known by the initials CGEL.

One is the Cambridge Grammar of the English Language (2002), whose main co-authors are Rodney Huddleston and Geoffrey Pullum. The other is the Comprehensive Grammar of the English Language (1985), by Randolph Quirk, Sidney Greenbaum, Geoffrey Leech, and Jan Svartvik. If you’re dubious about my statement regarding the complexity of English grammar, you should note that both of these books are enormous: the text of Huddleston & Pullum exceeds 1,700 pages, and Quirk et al.’s exceeds 1,600 pages. If you ever have occasion to hold a copy of either book in your hands, be careful not to drop it on your toes.

Up until today, Huddleston & Pullum had been cited by U.S. courts 24 times, and Quirk et al., 12 times. The courts in question included the federal courts of appeals for the Fifth and Sixth Circuits and the supreme courts of Colorado, Minnesota, Oregon, Utah, and Washington. But not the U.S. Supreme Court.

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