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Bernard S. Jackson, "With Reference to Touchie", International Journal for the Semiotics of Law / Revue Internationale de Sémiotique Juridique Vol. XI no.31 (1998), 79-93: In response to John C.W. Touchie, "Jackson on the "Decisions" Underlying the Application of Rules", International Journal for the Semiotics of Law / Revue Internationale de Sémiotique Juridique Vol. X no.30 (1997), 317-335, Jackson argues that Touchie's critique overlooks Jackson's fundamental starting point in his original critique of MacCormick's account of the justification of legal decisions (once rendered "easy") through the normative syllogism. This starting point is the distinction between semantics and pragmatics, and the nature of "reference" within pragmatics. Prompted by Touchie's observation that "one could not be within the sphere of "pure" grammar and at the same time not obey the rules of grammar", Jackson restates his position using the Chomskian distinction between competence and performance. While logic as a system operates without the intervention of "decisions", logic in use is part of the pragmatic dimension of language, which requires consideration of the identity and purposes of its users. e-mail: Bernard.Jackson@man.ac.uk

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