Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-ndmmz Total loading time: 0 Render date: 2024-06-02T01:52:51.762Z Has data issue: false hasContentIssue false

12 - Intentions in Tension

from Part II - Problems in Constitutional Law

Published online by Cambridge University Press:  02 November 2018

Heidi M. Hurd
Affiliation:
University of Illinois
Get access

Summary

The role of intentions of legal actors and legal subjects is a pervasive issue in countless areas of law. In his scholarship on freedom of expression, Larry Alexander has argued that freedom of expression adjudication is and should be centrally about the intentions of a government regulator, such that “censorial” intentions of a certain kind are both the necessary and sufficient conditions for a violation of the principle of freedom of expression. And in discussing the interpretation of statutes and the Constitution, Alexander has argued that the intentions of the drafters or enactors are again the touchstone for the interpretive enterprise. This essays argues that Alexander is correct about the former and mistaken about the latter. Freedom of expression is indeed about governmental intentions, but interpreting the law starts (and sometimes ends) with conventional meaning, with the intentions of the drafters or enactors playing at most a contingent and decidedly nonprimary role.
Type
Chapter
Information
Moral Puzzles and Legal Perplexities
Essays on the Influence of Larry Alexander
, pp. 206 - 220
Publisher: Cambridge University Press
Print publication year: 2018

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×