My last post, Corpus linguistics: Empiricism and frequency, prompted a Twitter exchange between Carissa Hessick and me, a lightly edited version of which I present here.
One question based on my quick read: Do you think most people would understand “relying on linguistic intuition” to be an empirical undertaking? I appreciate the insight into how people’s linguistic intuitions are formed. But don’t most people think that, if something is an empirical question, that means there is a demonstrably correct answer?
And if we often have different intuitions about what a word means (as the split decisions on ordinary meaning illustrate), and if judges resolve the Q of ordinary meaning by consulting their own intuitions, then how can ordinary meaning be an empirical Q? If I have one intuition and you have another, then how to we demonstrate which is correct and which is incorrect?
Me: Continue reading
This is the second in a series of posts about the essentially final version of Carissa Hessick’s article Corpus Linguistics and the Criminal Law. The first post dealt mainly with Hessick’s views about how corpus linguistics relates to ultimate purpose of legal interpretation, which is to determine the legal meaning of the text in dispute. This time around, I’ll be discussing her claim that incorporating corpus linguistics into legal interpretation would radically transform the process of determining the text’s ordinary meaning:
Corpus linguistics reframes the “plain” or “ordinary” meaning inquiry in two ways. First, it claims that ordinary meaning is an empirical question. Second, it tells us that this empirical question ought to be answered by how frequently a term is used in a particular way. Both of these analytical moves represent significant departures from current theories of statutory interpretation, including textualism, and they render statutory interpretation essentially unrecognizable.
This statement is a mixed bag. In one respect, it’s correct. Those who support the use of corpus linguistics in legal interpretation do regard ordinary meaning as an empirical question—or at least as involving empirical questions. In a different respect, it is partly correct but oversimplified. Analysis of frequency data is in fact central to corpus linguistics, but it is not necessarily decisive, and in some cases (perhaps in many cases) it will not be helpful at all. And in a third respect, Hessick’s statement is wrong. Neither the empiricism of corpus linguistics nor the attention it pays to frequency represents a “significant departure” from existing interpretive theories.
Empiricism Continue reading
I have two pieces of news I want to share.
First, I am very excited to say that I have received an appointment by the Georgetown University Law Center (aka Georgetown Law) as a Dean’s Visiting Scholar.
That appointment will provide me with a platform from which I’ll continue and expand on the kind of work that I’ve been doing here at LAWnLinguistics, in the amicus briefs in which I’ve drawn on linguistics, and in my paper A Lawyer’s Introduction to Meaning in the Framework of Corpus Linguistics: developing and promoting the idea that part of what it means to think like a lawyer is learning how to think like a linguist.