Joseph Savage (UNH Law), "Law, Language, Lies, and Logic"

Abstract: Over the last century, problems of meaning in language and communication took on greater focus for Western philosophers, resulting in an abundance of ideas and models of language, meaning, and communication. Jurists and Lawyers have particular reason to consider the nature and function of language because the law itself operates through language. Abstract, philosophical assertions about the relationship between language and logic take on a new layer of relevance and importance when millions of dollars are on the line—as is often the case in allegations of false advertising. The questions of understanding meaning are doubly important in making a legal evaluation of an advertisement, as both the law and the advertisement must be evaluated. I argue that a more stable and predictable legal regime demands a deeper and more thorough consideration of the use of language in advertising. After considering different models of language and communication, as well as current advertising laws and approaches to false advertising, I look at several recent examples of false advertising and the arguments surrounding the advertising decisions in question. I then consider possible answers to the call to improve the way we analyse claims of false advertising.