William Baude Illustrates the Usefulness of Separating Law and Language with a Hypothetical Scenario

No Ambulances in the Park?

My earlier posts have been a little abstract, so maybe a stylized example will help us see the usefulness of separating law and language. There is a famous hypothetical scenario: a sign that says “no vehicles in the park.” But what exactly does it exclude? In his recent article, Richard Fallon gives this variation:

Suppose that an accident happens within the park. Someone falls and is badly injured or suffers a heart attack. A desperate phone call brings an ambulance to the gate. Does “No vehicles in the park” exclude rescue vehicles even in cases of life-threatening emergency? We might say that it does — perhaps the gatekeeper should admit the ambulance anyway, but if she does so, she will violate her instructions.

But would we necessarily say that? Suppose that the worst happens: The vehicle is excluded, and the victim of the accident dies. The owner returns. The gatekeeper tells her, “I did as you instructed.” How might the park owner respond?

Read more at The Washington Post