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What is a Hay Baler?

The Semiotic Answer from Contract Law

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Abstract

The issue that I wish to discuss is meaning in the law of contract. My point of departure is the question, “What is a hay baler?” The question, at first glance, may seem to be prosaic and its answer obvious. This question, however, arose in litigation, and did so in a particularly vexing way. It was vexing because it ensued that a machine does not necessarily have to be capable of baling hay in order for it to be, in the eyes of the law at least, a hay baler.

I would like to thanks Dean Randall Bezanson and Professor Judith McMorrow for their helpful comments on a draft of this presentation.

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Notes

  1. This formulation is based on J. Calmari & J. Perillo, The Law of Contracts 135–36 (1987)

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  2. M. Horwitz, The Transformation of American Law, 1780 – 1860 (1977).

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  3. The Shopping Mall: Signs of Power, (1987) R. Kevelson, (ed.), Law and Semiotics: Volume 1, (New York: Plenum Publishing Co.) 65–108.

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  4. This discussion is based on Harris & Hoover, “Abduction and the New Riddle of Induction”, 63 The Monist 329 (1980).

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  5. Bill Watterson, “Calvin and Hobbes”, 2–10 May, 1988.

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  6. This discussion of narrativity, and the three examples describe, are taken from J. Culler, (1981), The Pursuit of Signs: Semiotics, Literature, Deconstruction, 169–187 (Hereinafter cited as “Culler”).

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  7. R. Unger, (1984), Passon: An Essay on Personality, 3–20.

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© 1988 Plenum Press, New York

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Brion, D.J. (1988). What is a Hay Baler?. In: Kevelson, R. (eds) Law and Semiotics. Springer, Boston, MA. https://doi.org/10.1007/978-1-4613-0771-6_4

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  • DOI: https://doi.org/10.1007/978-1-4613-0771-6_4

  • Publisher Name: Springer, Boston, MA

  • Print ISBN: 978-1-4612-8074-3

  • Online ISBN: 978-1-4613-0771-6

  • eBook Packages: Springer Book Archive

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