"I realise that some of my criticisms may be mistaken; but to refuse to criticize judgements for fear of being mistaken is to abandon criticism altogether... If any of my criticisms are found to be correct, the cause is served; and if any are found to be incorrect the very process of finding out my mistakes must lead to the discovery of the right reasons, or better reasons than I have been able to give, and the cause is served just as well." -Mr. HM Seervai, Preface to the 1st ed., Constitutional Law of India.

Thursday, June 4, 2009

Article: Wittgenstein and Contract Precedents

VAL D. RICKS, THE POSSIBILITY OF PLAIN MEANING: WITTGENSTEIN AND THE CONTRACT PRECEDENTS, 56 Clev. St. L. Rev. 767

While reading the above article, I was wondering why academicians are so obsessed by plain meaning rule, Ludwig Wittgenstein, HLA Hart, linguistic philosophy, Dworkin etc when they talk about contract interpretation when all they need to dois to think "pragmatically" (Posner?!!@%#$&^%) from the businessman's perspective for whom the contract was drafted...

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