This paper proposes an argumentation-based procedure for legal interpretation, by reinterpreting the traditional canons of textual interpretation in terms of argumentation schemes, which are then classified, formalized, and represented through argument visualization and evaluation tools. The problem of statutory interpretation is framed as one of weighing contested interpretations as pro and con arguments. The paper builds an interpretation procedure by formulating a set of argumentation schemes that can be used to comparatively evaluate the types of arguments used in cases of (...) contested statutory interpretation in law. A simplified version of the Carneades Argumentation System is applied in a case analysis showing how the procedure works. A logical model for statutory interpretation is finally presented, covering pro-tanto and all-things-considered interpretive conclusions. (shrink)

The fields of linguistic pragmatics and legal interpretation are deeply interrelated. The purpose of this paper is to show how pragmatics and the developments in argumentation theory can contribute to the debate on legal interpretation. The relation between the pragmatic maxims and the presumptions underlying the legal canons are brought to light, unveiling the principles that underlie the types of argument usually used to justify a construction. The Gricean maxims and the arguments of legal interpretation are regarded as presumptions subject (...) to default used to justify an interpretation. This approach can allow one to trace the different legal interpretive arguments back to their basic underlying presumptions, so that they can be compared, ordered, and assessed according to their defeasibility conditions. This approach allows one to understand the difference between various types of interpretive canons, and their strength in justifying an interpretation. (shrink)

This paper uses argument diagrams, argumentation schemes, and some tools from formal argumentation systems developed in artificial intelligence to build a graph-theoretic model of relevance shown to be applicable as a practical method for helping a third party judge issues of relevance or irrelevance of an argument in real examples. Examples used to illustrate how the method works are drawn from disputes about relevance in natural language discourse, including a criminal trial and a parliamentary debate.

We describe and analyze an important cognitive obstacle in inter- and intra-community ar-gumentation processes, which we propose to call 'Cognitive Systemic Dichotomization'. This social phenomenon consists in the collective use of shared cognitive patterns based upon dichotomous schemati-zation of knowledge, values, and affection. We discuss the formative role of CSD on a community’s collec-tive cognition, identity, and public discourse, as well as the challenges it raises to reasoned argumentation, and how different approaches to argumentation undertake to face this obstacle to (...) the reasonable debate of issues of public concern. (shrink)

Relationship between default semantics and modularity of mind (in particular mind reading through the principle of Relevance).

Loci of pragmatic intrusion signal the tension between semantics and pragmatics. -/- .

semantic minimalism and moderte contextualism.

The aim of this paper is to discuss a basic assumption tacitly shared by many philosophers of mind and language: that whatever can be meant, can be said. It specifically targets John Searle's account of this idea, focusing on his Principle of Expressibility . In the first part of the paper, PE is exposed underlining its analyticity and its relevance for the philosophy of language , mind , society and action . In the critical part, the notion of Background is (...) taken into account in order to re-evaluate two basic distinctions: the one between sentence and utterance meanings , and the one between native and type speakers . PE is reconsidered in the light of the previous arguments as a methodological strategy that does not prevent uses of language from eventual semantic excesses and deficits , and a complementary Principle of Expression Fallibility is finally proposed. (shrink)

In this paper, we take up an old issue that of pragmemes, broached by Mey and further explored by Capone. It is not easy to define pragmemes and distinguish them sufficiently from speech acts (units of language use broached by Austin and Searle) or from Wittgensteinian language games or from macro speech acts (see van Dijk on macrostructures) or from Goffman’s scripts. The best idea we could develop about pragmemes is that they instantiate the triple articulation of language, proposed by (...) Jock Wong; being essentially composed of phonological-syntactic units, that have a certain content relative to a social situation and to a certain culture, pragmemes express a certain function (or illocutionary force), like, e.g., modifying society or some aspect of it. They are part of a chapter that can be called either “societal pragmatics” or “emancipatory pragmatics,” to use the words by Mey. In fact, knowledge of how language is used to diminish the rights of people and to propagate the “status quo” may be instrumental to give rights and power to ordinary human beings who are oppressed by political and economical structures. -/- . (shrink)

The purpose of this chapter is twofold. On the one hand, our goal is theoretical, as we aim at providing an instrument for detecting, analyzing, and solving ambiguities based on the reasoning mechanism underlying interpretation. To this purpose, combining the insights from pragmatics and argumentation theory, we represent the background assumptions driving an interpretation as presumptions. Presumptions are then investigated as the backbone of the argumentative reasoning that is used to assess and solve ambiguities and drive (theoretically) interpretive mechanisms. On (...) the other hand, our goal is practical. By analyzing ambiguities as stemming from different presumptions concerning language or, more importantly, expected communicative roles and goals, we can use communicative misunderstandings as the signal of deeper disagreements concerning mutual expectations or cultural differences. This argumentation-based interpretive mechanism will be applied to the analysis of medical interviews in the area of diabetes care, and will be used to bring to light the sources of misunderstanding and the different presumptions that define distinct cultures. We will consequently illustrate the analytical tools by identifying and distinguishing the various types of ambiguity underlying misunderstandings, and we will address them by describing the communicative intentions ascribed to the ambiguous utterances. (shrink)

This paper proposes an argumentation-based procedure for legal interpretation, by reinterpreting the traditional canons of textual interpretation in terms of argumentation schemes, which are then classified, formalized, and represented through argument visualization and evaluation tools. The problem of statutory interpretation is framed as one of weighing contested interpretations as pro and con arguments. The paper builds an interpretation procedure by formulating a set of argumentation schemes that can be used to comparatively evaluate the types of arguments used in cases of (...) contested statutory interpretation in law. A simplified version of the Carneades Argumentation System is applied in a case analysis showing how the procedure works. A logical model for statutory interpretation is finally presented, covering pro-tanto and all-things-considered interpretive conclusions. -/- . (shrink)

Pragmatic presupposition is analyzed in this paper as grounded on an implicit reasoning process based on a set of presumptions, which can define cultural differences. The basic condition for making a presupposition can be represented as a reasoning criterion, namely reasonableness. Presuppositions, on this view, need to be reasonable, namely as the conclusion of an underlying presumptive reasoning that does not or may not contain contradictions with other presumptions, including the ordering of the hierarchy of presumptions. Presumptions are in turn (...) analyzed considering their nature and their hierarchy, namely their object and their possible contextual backing, which eliminates some of their possible defaults. This analysis of presupposition brings to light the relationship between communicative infelicities or misunderstandings deriving from presuppositional failures and the underlying system of presumptions and presumptive reasoning. This approach can be applied to the investigation of communicative problems within the medical context, and more precisely the communication in diabetes cases. (shrink)

Twitter is an instrument used not only for sharing public or personal information, but also for persuading the audience. While specific platforms and software have been developed for analyzing macro-analytical data, and specific studies have focused on the linguistic dimension of the tweets, the argumentative dimension of the latter is unexplored to this date. This paper intends to propose a method grounded on the tools advanced in argumentation theory for capturing, coding, and assessing the different argumentative dimensions of the messages (...) posted on Twitter, focusing on the types of argument communicated, the quality of their premises, and the fallacies committed – including the use of unshared presuppositions and emotive words. This method is applied to a corpus of 843 tweets published by the Italian Minister of the Interior, Mr. Matteo Salvini, from the date of his appointment to the beginning of his campaign for the European elections. The quantitative data provide general indications for detecting the strategies that characterize the argumentative profile of Salvini, which are then analyzed qualitatively. (shrink)

In this paper, I distinguish between linguistic and non-linguistic presuppositions. I also propose that we should be interested in conversational presuppositions, which could also be called speaker-meant presuppositions or speaker's presuppositions. I also distinguish between potential and actual presuppositions. I propose that, in some cases, presuppositions can be conversationally implicated and cancellation is possible. I specify what the hard cases are and I try to explain them through ontological considerations. I try to reduce the hard cases through (a) the notion (...) that all actual presuppositions are speaker-meant; (b) the distinction between ontological and linguistic presuppositions; and (c) the uncontroversial notion that even ontological presuppositions are susceptible to semantic under-determination that has to be tackled though pragmatic intrusion. Pragmatic intrusion for presuppositional cases, however, cannot really amount to completing or expanding or in any case computing an explicature in an ordinary sense, as explicatures have to do with truth-conditions and aim to create propositionally complete forms that are truth-evaluable, unlike propositional fragments or schemata that are usually expressed in sentences (; , 2012). They are processes similar to explicatures, but since presuppositions are only pre-conditions for an utterance's being true or false (; Macagno; 2016; ; ), we cannot say that these processes are completely like those of explicatures. Nevertheless, they are pragmatically-motivated, even if hard to cancel. (See on lack of cancellability or on entrenched meanings.) This more or less brings my approach in line with contextualism (even if I accept semantic invariantism, along the lines of or (Invariantism is also shared by , in a form that is compatible with her contextualism.)). (shrink)

This paper aims to characterize the relationship between information as defined in the information-theoretic approach and linguistic meaning by way of formulation of computations over the lexicon of a natural language. Information in its information theoretic sense is supposed not to be equivalent to linguistic meaning, whereas linguistic meaning has an intrinsic connection to information as far as the form and structure of the lexicon of a language (in a non-lexicological sense) is concerned. We argue that these two apparently conflicting (...) aspects of the relationship between information and linguistic meaning can be unified by showing that information conserves linguistic meaning, only insofar as computations of a certain kind are defined on the symbolic elements of a lexicon. This has consequences not merely for the nature of lexical learning – natural or artificial or otherwise – but also for the conservation of information in axiomatic systems. (shrink)

This chapter proposes a dialectical approach to legal interpretation, consisting of three dimensions: a formalization of the canons of interpretation in terms of argumentation schemes; a dialectical classification of interpretive schemes; and a logical and computational model for comparing the arguments pro and contra an interpretation. The traditional interpretive maxims or canons used in both common and civil law are translated into defeasible patterns of arguments, which can be evaluated through sets of corresponding critical questions. These interpretive argumentation schemes are (...) classified in general categories and a distinction is drawn between schemes supporting and rebutting an interpretation. This framework allows conceiving statutory interpretation as a dialectical procedure consisting in weighing arguments pro and contra an interpretation. This procedure is formalized and represented computationally through tools from formal argumentation systems. (shrink)

The aim of this article is to critically reflect on the Polish transformation taking place in the interpretation of business law in the form of legal clarifications that can be qualified as a soft law guidance. The article attempts to address the following questions: does the new Polish legal framework offer really novel approaches to the interpretation of business law and/or its tools? What are the peculiarities that characterize the new instrument for the interpretation of business law in the form (...) of legal clarifications? What are the pros and cons of legal clarifications? What is the potential practical importance of the introduced interpretation tool, in particular in the context of certain previously existing tools for the interpretation of legal texts? To this end, first, the article sheds light into types of the interpretation of legal texts as well as soft law guidance. Second, it analyses the distinctive features of legal clarifications. Third, it contains the concise comparison of legal clarifications to certain previously existing instruments. In the last part before the conclusion, the topic required an attempt at an assessment. The point of the analysis in this article was both descriptive and normative. (shrink)

The detection and analysis of misunderstandings are crucial aspects of discourse analysis, and presuppose a twofold investigation of their structure. First, misunderstandings need to be identified and, more importantly, justified. For this reason, a classification of the types and force of evidence of a misunderstanding is needed. Second, misunderstandings reveal differences in the interlocutors’ interpretations of an utterance, which can be examined by considering the presumptions that they use in their interpretation. This paper proposes a functional approach to misunderstandings grounded (...) on presumptive reasoning and types of presumptions, in which incompatible interpretations or interpretative failures are examined as defaults of the underlying interpretative reasoning, caused by overlooked evidence or conflicting presumptions. Moreover, it advances a classification of the types and the probative weights of the evidence that can be used to detect misunderstandings. The proposed methodology and its implications are illustrated through the analysis of doctor–patient communication in diabetes care. (shrink)

This paper advances an approach to relevance grounded on patterns of material inference called argumentation schemes, which can account for the reconstruction and the evaluation of relevance relations. In order to account for relevance in different types of dialogical contexts, pursuing also non-cognitive goals, and measuring the scalar strength of relevance, communicative acts are conceived as dialogue moves, whose coherence with the previous ones or the context is represented as the conclusion of steps of material inferences. Such inferences are described (...) using argumentation schemes and are evaluated by considering 1) their defeasibility, and 2) the acceptability of the implicit premises on which they are based. The assessment of both the relevance of an utterance and the strength thereof depends on the evaluation of three interrelated factors: 1) number of inferential steps required; 2) the types of argumentation schemes involved; and 3) the implicit premises required. (shrink)

ABSTRACTWhile numerous studies have examined evasion strategies in political discourse, the use of such strategies in internationally authored conflict resolution documents has yet to be examined. The demands of addressing different audiences are most evident in such documents, as the central audiences – the two conflicting parties – have conflicting demands. Through a discourse analysis of four central conflict resolution documents in the Arab–Israeli conflict, this paper presents six central evasion strategies utilized to cater to the demands of oppositional actors. (...) Furthermore, this paper analyzes how evasion strategies are interpreted in the media discourse of relevant actors. Finally, the paper examines the role of evasion strategies and their interpretation by media actors in conflict resolution and perpetuation, arguing that evasion strategies release mediators of responsibility while allowing conflicted parties to ‘dig into’ their respective narratives. (shrink)

Olaf Müller’s book develops a new case for underdetermination, and, as he is focusing on theories of a ‘limited domain’, this assumes the containability of the theories. First, the paper argues that Müller’s theory of darkness is fundamentally Newtonian, but for Newton’s optical theory the type of theoretical structure Müller adopts is problematic. Second, the paper discusses seventeenth-century challenges to Newton, changes in the proof-structure of Newton’s optical theory, and how these affect Müller’s reconstruction. Müller’s book provides empirically equivalent theories, (...) yet the historical theories were not empirically equivalent, and the same experiments were used to extract different bodies of evidence to rebut the opponent. Third, Goethe’s multi-layered critique of Newton’s experimental proof is investigated, including his developmental account of prismatic colours, the role of experimental series in rejecting Newton’s observations, and his incorporation of the ‘limited domain’ of prismatic colours in a broader framework. Two key elements of Goethe’s method, polarity and strengthening are discussed in contrast to Müller, who only utilises polarity in his account. Finally Neurath’s attempts to come to grips with the optical controversies and the prism-experiments with ‘blurred edges’ are recalled. Müller also discusses in detail some of these experiments and heavily draws on Quine. Neurath developed Duhem’s and Poincaré’s conventionalist insights and had good reasons to be pessimistic about theory-containment. Their differences provide some additions to the history of the Duhem–Quine thesis. (shrink)

Explicatures are not cancellable. Theoretical considerations.

Ever since David Lewis’s publication of Convention: A Philosophical Study his definition of a convention has been widely accepted and marginally challenged. Andrei Marmor’s book Social Conventions: From Language to Law is both a continuation and a critical response to Lewis’s work. “Convention”, alongside “rule” and “norm”, is one of the most important and fundamental philosophical concepts. We tend to think of our behavior as human beings, of our linguistic and social actions, as largely conditioned by conventions. Marmor examines the (...) role and significance of conventions in language, in the moral sphere, and in the legal system. His definition of convention renders language less conventional than we had thought it is and morality more so. In this review article I present Marmor’s concept of convention and follow the book’s main arguments. I then point to what I think is amiss in his account of convention, namely, the idea that some norms are conventional, which yields a conflation of norms and conventions. (shrink)

This article intends to reveal the unity between intention and other Gricean notions of signification, cancellability, and context. We argue that the total signification of an utterance is ultimately determined by speaker’s intention. We start with Grice’s conception of meaningNN and then proceed to argue that what is actually meant (both what is said and what is implicated) is hard to cancel without rendering the whole utterance self-contradictory. It is noted that cancelling p be differentiated from correcting p . It (...) is also noted that contextual factors do not bear upon implicatures though a hearer or an analyst relies heavily on them for inference or interpretation. We suggest that any Gricean account of meaning be ontologically clear that it is the speaker’s intention that we are really invoking and consequently capture the metaphysics of meaning in order to remove the fallacy that the meaning of an utterance is its interpretation. (shrink)

We outline three challenges involved in designing external representations that promote sustainable use of natural resources. First, the task environment of sustainable resource-use is highly unstructured, and involves many uncoordinated and asynchronous actions. Following from this complex nature of the task environment, more task constraints and task interactions are involved in designing representations promoting sustainability, compared to representations that seek to make tasks easier in structured task environments, such as aircraft cockpits and control rooms. Second, external representations promoting sustainable resource-use (...) need to motivate people to make decisions that sustain resources, and persist with this behavior, even though alternate behaviors are easier and commonplace. Third, external representations promoting sustainability also need to lower the cognitive load involved in sustainability decisions. This three-tiered function (meeting complex task constraints, providing motivation, lowering cognitive load) makes such representations challenging to design. However, some early prototype designs promoting sustainable resource-use have appeared recently, primarily addressing electricity use. Analyzing these digital prototypes, we outline three design principles they share, and show how these seek to address the complexities of the sustainability problem-space (complexity of task environments, goals, and representations). We then argue that at least two further cognitive scaffolds are required for effectively promoting sustainable resource use (action scripts, deconstruction). We close with some of the limitations of this approach to promoting sustainability, and outline future work. (shrink)

This discussion article addresses the assumption formulated in Dan Everett's new book Language: The Cultural Tool that language is not only an instrument for communication, but also an instrument for thought. It argues that the latter assumption is far from obvious, and that, in any case, one cannot put communication and thought on a par in discussing the functionality of language.

Over the coming decades, the so-called telematic technologies are destined to grow more and more encompassing in scale and the repercussions they will have on our professional and personal lives will become ever more accentuated. The transformations resulting from the digitization of data have already profoundly modified a great many of the activities of human life and exercise significant influence on the way we design, draw up, store and send documents, as well as on the means used for locating information (...) in libraries, databases and on the net. These changes are transforming the nature of international communication and are modifying the way in which we carry out research, engage in study, keep our accounts, plan our travel, do our shopping, look after our health, organize our leisure time, undertake wars and so on. The time is not far off when miniaturized digital systems will be installed everywhere - in our homes and offices, in the car, in our pockets or even embedded within the bodies of each one of us. They will help us to keep control over every aspect of our lives and will efficiently and effectively carry out multiple tasks which today we have to devote precious time to. As a consequence, our ways of acting and thinking will be transformed. These new winds of change, which are blowing strongly, are giving birth to a new culture to which the name ‘digital culture’ has been given. It is timely that a study should be made of the different aspects and consequences of this culture, but that this study should not be just undertaken from the point of view of the simple user who quickly embraces the latest successful innovation, in reaction essentially to market forces. The major challenge for this culture resides not so much in the development of even more tiny microchips, faster processors or more refined software, but in the honing of conceptual instruments which will give us the ability to analyse and evaluate the radical changes that this revolution is bringing about and which it will continue to provoke in all of our lives. (shrink)