Textualism, Intentionalism, and the Law of the Contract

Most philosophical discussions of the relation between language and the law have focused on the interpretation of public law enactments: statutes, constitutional provisions, and administrative regulations. This chapter focuses on the interpretation of contracts. It distinguishes several versions of textualism and intentionalism in the theory of contracts, and argues that versions of both views can be rendered broadly consistent with the main features of Anglo-American contract doctrine. The chapter also argues, in passing, that the correct account of the relation between contract language and the law of the contract cannot be settled by abstract philosophy, but is rather a matter of positive law which may vary from jurisdiction to jurisdiction.