The Canon
A working bibliography.
Not a survey of the field but a map of one preoccupation — the books and papers I keep returning to, weighted toward use, inference, and the vague edge where language and law meet. Seven movements, from the living question back to its foundations.
A living list — the citations have been checked, though errors surely remain. Corrections are welcome at mail@takecareoflanguage.org.
Vagueness in language
The heap no single grain makes — and the theories that try to live with it. SEP: Vagueness · SEP: Sorites
- Eubulides of Miletus, the sorites paradox (4th c. BCE)The origin: one grain is not a heap, and a grain never makes the difference.
- Max Black, “Vagueness: An Exercise in Logical Analysis” (1937)An early analytic attempt to take vagueness seriously rather than legislate it away.
- Kit Fine, “Vagueness, Truth and Logic” (1975, Synthese)The locus classicus of supervaluationism: truth as super-truth across precisifications.
- Crispin Wright, “On the Coherence of Vague Predicates” (1975, Synthese)Tolerance principles and why they make the sorites bite.
- Timothy Williamson, Vagueness (1994, Routledge)Epistemicism: there is a sharp boundary; we are simply unable to know it.
- Rosanna Keefe & Peter Smith (eds), Vagueness: A Reader (1996, MIT Press)The standard anthology; the obvious place to begin.
- Rosanna Keefe, Theories of Vagueness (2000, Cambridge UP)A survey and a sustained defence of supervaluationism.
- Roy Sorensen, Vagueness and Contradiction (2001, Oxford UP)Epistemicism pressed to its stranger and more honest conclusions.
- Delia Graff Fara, “Shifting Sands: An Interest-Relative Theory of Vagueness” (2000)Contextualism: borderline judgements shift with our interests and attention.
- Stewart Shapiro, Vagueness in Context (2006, Oxford UP)An open-texture, conversational-record account of how the line gets drawn.
- Diana Raffman, Unruly Words: A Study of Vague Language (2014, Oxford UP)A psychologically-informed, multi-range theory of competent vague usage.
Vagueness & indeterminacy in law
The same penumbra, now with a verdict attached. SEP: The Nature of Law
- H. L. A. Hart, “Positivism and the Separation of Law and Morals” (1958, Harvard Law Review)Introduces the “no vehicles in the park” case and the core/penumbra picture.
- Lon L. Fuller, “Positivism and Fidelity to Law — A Reply to Professor Hart” (1958, Harvard Law Review)The reply: meaning answers to purpose, not just to the word.
- H. L. A. Hart, The Concept of Law (1961, Oxford UP)The open texture of law (ch. VII): rules with settled cores and doubtful edges.
- Brian Bix, Law, Language, and Legal Determinacy (1993, Oxford UP)What Hart did and did not mean by open texture; how much law is determinate.
- Jeremy Waldron, “Vagueness in Law and Language: Some Philosophical Issues” (1994, California Law Review)Whether vague legislation is compatible with the rule of law.
- Timothy A. O. Endicott, Vagueness in Law (2000, Oxford UP)The canonical book: vagueness is essential to law, not a flaw in drafting.
- Andrei Marmor, The Language of Law (2014, Oxford UP)Pragmatics, assertion, and strategic speech in the law’s peculiar context.
Inferentialism & pragmatism about meaning
Meaning as a place in the game of giving and asking for reasons.
- Wilfrid Sellars, “Empiricism and the Philosophy of Mind” (1956; repr. Harvard UP, 1997)The myth of the given, and the “logical space of reasons.”
- Robert B. Brandom, Making It Explicit (1994, Harvard UP)The systematic inferentialism: scorekeeping on commitments and entitlements.
- Robert B. Brandom, Articulating Reasons: An Introduction to Inferentialism (2000, Harvard UP)The short way in — start here before the “big green book.”
- Robert B. Brandom, Between Saying and Doing (2008, Oxford UP)Analytic pragmatism: the practices one must engage in to deploy a vocabulary.
- Michael Dummett, The Seas of Language (1993, Oxford UP)Meaning, use, and what a theory of meaning is even for.
Speech acts & pragmatics
Saying as doing; meaning as more than what is said. SEP: Speech Acts · SEP: Pragmatics
- P. F. Strawson, “On Referring” (1950, Mind)Against Russell: referring is something speakers do, not sentences.
- J. L. Austin, “A Plea for Excuses” (1956, Proc. Aristotelian Society)The manifesto of ordinary-language method: the dictionary as a field guide.
- J. L. Austin, How to Do Things with Words (1962, Oxford UP)Performatives, and the locution / illocution / perlocution distinction.
- John R. Searle, Speech Acts (1969, Cambridge UP)Constitutive rules and the systematic theory of illocutionary force.
- H. P. Grice, “Logic and Conversation” (1975)The cooperative principle, the maxims, and conversational implicature.
- John R. Searle, Expression and Meaning (1979, Cambridge UP)A taxonomy of illocutionary acts; indirect speech acts.
- Dan Sperber & Deirdre Wilson, Relevance: Communication and Cognition (1986, Blackwell)Inference and relevance as the engine of comprehension.
- H. P. Grice, Studies in the Way of Words (1989, Harvard UP)The collected papers; meaning, implicature, and intention together.
The later Wittgenstein & rule-following
Use, language-games, forms of life — and what it is to follow a rule. SEP: Wittgenstein
- Ludwig Wittgenstein, Tractatus Logico-Philosophicus (1921; Eng. 1922)The early picture theory, and the limits of what can be said.
- Ludwig Wittgenstein, Philosophical Investigations (1953, Blackwell)Meaning as use; language-games; the rule-following and private-language remarks.
- Ludwig Wittgenstein, On Certainty (1969, Blackwell)Hinge propositions: the riverbed on which doubt and inquiry run.
- Stanley Cavell, The Claim of Reason (1979, Oxford UP)Criteria, skepticism, and the ordinary as a philosophical achievement.
- Saul A. Kripke, Wittgenstein on Rules and Private Language (1982, Harvard UP)“Kripkenstein”: the sceptical paradox about meaning and the communal solution.
- John McDowell, “Wittgenstein on Following a Rule” (1984, Synthese)Between rampant Platonism and mere regularity: rules and practices.
- Charles Travis, The Uses of Sense (1989, Oxford UP)Occasion-sensitivity: the same words say different things on different occasions.
Foundations
The older problems the rest of this list is still answering.
- Gottlob Frege, “On Sense and Reference” [Über Sinn und Bedeutung] (1892)The distinction the whole field is built on: Sinn vs. Bedeutung.
- Bertrand Russell, “On Denoting” (1905, Mind)The theory of descriptions; “the present King of France.”
- W. V. O. Quine, “Two Dogmas of Empiricism” (1951, Philosophical Review)Against the analytic/synthetic distinction; meaning holism.
- W. V. O. Quine, Word and Object (1960, MIT Press)The indeterminacy of translation; “gavagai.”
- David Lewis, Convention: A Philosophical Study (1969, Harvard UP)Language as convention solving recurrent coordination problems.
- Donald Davidson, “Truth and Meaning” (1967, Synthese)A Tarski-style truth theory as a theory of meaning.
- Hilary Putnam, “The Meaning of ‘Meaning’” (1975)Twin Earth and externalism: “meanings just ain’t in the head.”
- Saul A. Kripke, Naming and Necessity (1980, Harvard UP)Rigid designation and the causal-historical picture of reference.
- David Kaplan, “Demonstratives” (1989)Character vs. content; the logic of indexicals.
- Donald Davidson, Inquiries into Truth and Interpretation (1984, Oxford UP)Radical interpretation and the principle of charity.
Frontier · language ⨯ law
Where the two trainings meet, in roughly the last fifteen years.
- Andrei Marmor & Scott Soames (eds), Philosophical Foundations of Language in the Law (2011, Oxford UP)The agenda-setting collection for analytic philosophy of legal language.
- Lawrence M. Solan, The Language of Judges (1993, Univ. of Chicago Press)A linguist reads judicial reasoning about words.
- Brian G. Slocum, Ordinary Meaning (2015, Univ. of Chicago Press)What “ordinary meaning” could responsibly mean as an interpretive standard.
- Thomas R. Lee & Stephen C. Mouritsen, “Judging Ordinary Meaning” (2018, Yale Law Journal)Corpus linguistics enters statutory and constitutional interpretation.
- Frederick Schauer, “On the Open Texture of Law” (2013, Grazer Philosophische Studien)Re-examining Hart’s borrowed term and what it can still bear.
- Scott Soames, “Interpreting Legal Texts” (2009, Philosophical Essays I)What is, and is not, special about meaning in the law.