Of Words and Contracts: Arbitration and Lexicology - Chapter 9 - AAA Handbook on Employment Arbitration and ADR - Third Edition
Author(s):
David A. Dilts
Page Count:
10 pages
Media Description:
1 PDF Download
Published:
December, 2015
Author Detail:
David A. Dilts is an arbitrator and mediator, and a Professor of economics at the School of Business andManagement Sciences at Indiana-Purdue University-Fort Wayne, Indiana.
Description:
Originally from:
AAA Handbook on Employment Arbitration and ADR - Third Edition
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I. Introduction
When we think of words, we often only think of a single meaning. But words can have many meanings and applications. Not surprisingly, even the term “lexicology” has a number of different meanings, depending on which dictionary you consult. The Concise Oxford English Dictionary (OED), 10th edition, defines it as “the study of the form, meaning, and behavior of words”;1 Merriam-Webster’s Collegiate Dictionary, 11th edition, defines it as “a branch of linguistics concerned with the signification and application of words”;2 and the American Heritage College Dictionary, 4th edition, similarly defines it as “[t]he branch of linguistics that deals with the lexical component of language.”3 Depending on the particular application of the word “lexicology,” one definition may not be a perfect substitute for another. In other words, these definitions could be said to be ambiguous.
The importance of lexicology to our modern society is not widely recognized. Its importance is rarely associated with much outside of the realms of academia and publishing. It is generally associated with dictionary editors and libraries, certainly not with any grand adventures.
The Professor and the Madman4 is a wonderful tale of the creation of the OED and Dr. William Chester Minor, a hapless contributor to that endeavor. Dr. Minor, an American army officer, was incarcerated in the Broadmoor Hospital for the Criminally Insane in Great Britain for the murder of one of the Queen’s subjects. Ironically, during his stay in Broadmoor, he found the time to read, research, and write many entries for the first edition of this path-breaking dictionary. Of greater importance is the parallel tale of how the dictionary was conceived and brought to life by its editor, James Murray. In essence, The Professor and the Madman is an adventure in lexicology, an art that is at the core of the interpretation and application of language.
It is the role of the arbitrator to interpret and determine the proper construction of contract language. Lexicology is, then, the business of arbitrators. In other words, an arbitrator must perform the role of a lexicologist with respect to the parties’ agreement.