Smith confuses, it seems to me, the question whether words convey a concept from one intelligent mind to another (communication) with the question whether words produce a concept in the person who reads or hears them (meaning). The bridegroom who says “I do,” intending by that expression to mean “I do not,” has not succeeded in communicating his intent; but what he has said unquestionably means that he consents to marriage.This is one reason that I dislike the phrase "original intent". I don't so much care what the drafters of a law thought they were saying, but I do care what the understood meaning of the law was at the time of its drafting.
Thursday, October 27, 2005
I like scalia
Antonin Scalia is so smart and so fun to read. I followed Volokh's link to this book review by Scalia and was not disappointed. One of my favorite lines:
1 comment:
I don't doubt it. I've had my own disagreements with some of Scalia's opinions in the past, but he's by far the most entertaining and enlightening of the justices that I've read so far. Granted, I read SCOTUS opinions about as often as the Cubs win the World Series, so my opinion isn't exactly authoritative...
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