The Constitutional term "war"

[Sean Wilson]

There are three references: the archetype, the diffusion and the extension. The archetype has the form and function of the term. Hence, archetypical "war" is its form (armies, flags, countries territories) and its function (mass destruction of a political regime) all together at once. The diffused reference is when form and function come apart. The war on terror, for example, involves war's function (mass death, bombing cities to hurt a regime) but not its usual form. An extension of the term war would be the "war on poverty" -- which has neither the form nor function of the archetype. 
   
  My research models how language rigidity affects voting on the supreme court. When the references of constitution rights tend toward their archetype, they are more likely to be voted for.
   
  Consider some additional language games: is the pope a bachelor? He meets the specification (form) of the term: he is unmarried. However, he does not fit the term's function (what the concept does in language) because he is not eligible to date. Hence, if the Pope is a referent of the word "bachelor" it is a diffused referent.
   
  Pinker suggests that the form of a term is processed cognitively via associated memory and that the function of a term is processed cognitively via the part of the brain responsible for symbol combination. Hence, language puzzles are nothing other than cognitive paths. The question is not what does it mean; it is which part of the brain do you want to process the language?
   
  (I've seen your interest in language before Eugene, on your blog. Unfortunately, I do not like to participate in blogs.)
   
  Regards.
               

"Volokh, Eugene" <VOLOKH at law.ucla.edu> wrote:
  Hmm -- what was the old meaning of "war," and what's the new
meaning?

Eugene



Judy Baer writes:


From: conlawprof-bounces at lists.ucla.edu
[mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of Judith Baer
Sent: Tuesday, August 08, 2006 11:04 AM
To: 'markstein at prodigy.net'; lsolum at law.uiuc.edu
Cc: lawcourts-l at usc.edu; conlawprof at lists.ucla.edu
Subject: RE: Could the 13th Am. prohibit the factory farming of
animals?


Language is as language does. Metaphorical meanings have in the
past become real. Which is not to say I expect it to happen here.

Mark



Truer words were never spoken. Think of "war." Whether this
transition is acceptable in law is debatable.
Judy

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Dr. Sean Wilson, Esq. 
Penn State University 
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