I would argue that Javascript is not lexically scoped because the scope of a variable definition does not depend on the lexical structure of a program (with the

I would argue that Javascript is not lexically scoped because the scope of a variable definition does not depend on the lexical structure of a program (with the sole exception of function boundaries). This is true even to the point of multiple definitions having no effect on the scope of a variable. I think that what you are arguing is that Javascript is statically scoped.