Legislative Intent and the Hard Problem of Content

Abstract The general aim of this paper is to investigate how philosophical problems with the notion of mental content affect the debate about legislative intent. Specifically, the aim is to define and criticize the metaphysically strongest-possible version of realism about legislative intent, namely “Strong Realism”: the idea that the content of legislation is objectively determined by legislatures that are treated as irreducible group agents that are bearers of corporate, functionalist intentions. Against this view, it will be argued that legislatures are insufficiently complex to meet the criteria of being bearers of sui generis propositional states. The failure of this strong, most idealized version of realism heralds bad news for all forms of realism as trying to weaken this position will not deliver the right theoretical goods. Thus, the failure of Strong Realism gives us reasons to prefer a constructivist/fictionalist approach to legislative intent.