And so the last point I would make is that if we extend "originalism" to cases where a judge follows only language, we are going to need to invent a new word for cases where they follow the ancients in celebration of whatever choices language affords. Regards and thanks. Dr. Sean Wilson, Esq. Assistant Professor Wright State University Personal Website: http://seanwilson.org/ SSRN papers: http://ssrn.com/author=596860 Discussion Group: http://seanwilson.org/wittgenstein.discussion.html ________________________________ Thought this may be of value for your discussion.Sorry for the intrusion. The dynamic turn in semanticsThese traditional perspectives have been fiercely debated in the emerging domain of cognitive linguistics.[2]There are two main challenges against the traditions. One concerns the fact that meanings of certain linguistic expressions, such as "indexical" or "anaphora" (e.g. "this X," "him," "last week"), are contextual. The meanings of linguistic expressions of such kinds seems to be determined from factors external to the expressions themselves, such as the contexts of the utterance of the expressions or the positions (say, positions in a given discourse) in which the expressions are placed. The other challenge holds that language is not a set of labels stuck on things, but "a toolbox, the importance of whose elements lie in the way they function rather than their attachments to things" (Peregrin 2003). This view reflects the position of the later Wittgenstein and his famous "game" example, and is related to the positions of Quine, Davidson, and others.A concrete example of the latter phenomenon is semantic underspecification—meanings are not complete without some elements of context. To take an example of a single word, "red," its meaning in a phrase such as "red book" is similar to many other usages, and can be viewed as compositional.[3] However, the color implied in phrases such as "red wine" (very dark), and "red hair" (coppery), or "red soil," or "red skin" are very different. Indeed, these colors by themselves would not be called "red" by native speakers. These instances are contrastive, so "red wine" is so called only in comparison with the other kind of wine (which also is not "white" for the same reasons). This view goes back to de Saussure.