But Is Dope-Growing "Commerce" on Twin Earth?

Julian Sanchez | April 13, 2006

Matt Yglesias has a fun post deploying philosopher Hilary Putnam's idea of semantic externalism as an argument against "original intent" approaches to jurisprudence. Also, intriguingly, Matt mentions that Stanley Fish, of all people, relied on an original intent argument in an old New York Times op-ed. I tracked it down on Nexis, and indeed he does, in the course of attacking Justice Scalia's "textualism." This is very weird indeed, because in Fish's circles, that's called the "intentional fallacy" when you do it with literature.