The purpose of this essay is to explore some of the main pragmatic aspects of communication within the legal context. It will be argued that in some crucial respects, the pragmatics of legal language is unique, involving considerations that are not typically present in ordinary conversational contexts. In particular, certain normative considerations that are typically settled in a regular conversational context are unresolved and potentially contentious in the legal case. On the other hand, the essay also argues that a careful (...) distinction between various pragmatic aspects of language use enables us to offer some generalizations about types of pragmatic enrichment that could be taken to form, or not to form, part of what is actually determined by legal expressions. (shrink)

Possible worlds semantics faces a range of difficulties for at least certain types of modals, especially deontic modals with their distinction between heavy and light permissions and obligations. This paper outlines a new semantics of modals that aims to overcome some of those difficulties. The semantics is based on an a novel ontology of modal objects, entities like obligations, permissions, needs, as well as epistemic states, abilities, and essences. Moreover, it is based on truthmaking, in the sense of Fine’s recent (...) truthmaker semantics. (shrink)

This thesis addresses philosophical problems concerning improper assertions. The first part considers the issue of defining lying: here, against a standard view, I argue that a lie need not intend to deceive the hearer. I define lying as an insincere assertion, and then resort to speech act theory to develop a detailed account of what an assertion is, and what can make it insincere. Even a sincere assertion, however, can be improper (e.g., it can be false, or unwarranted): in the (...) second part of the thesis, I consider these kinds of impropriety. An influential hypothesis maintains that proper assertions must meet a precise epistemic standard, and several philosophers have tried to identify this standard. After reviewing some difficulties for this approach, I provide an innovative solution to some known puzzles concerning the permissibility of false assertions. In my view, assertions purport to aim at truth, but they are not subject to a norm that requires speakers to assert a proposition only if it is true. (shrink)

The late John Austin's William James Lectures 1 might well have borne the subtitle ‘In Pursuit of a Vanishing Distinction’. Although the chase is remorseless, glimpses of the quarry become increasingly equivocal and the hunter is left empty-handed at last. It is hard to know what has gone awry. Has the wrong game been pursued—and in the wrong direction?

This essay contains material which will hopefully be of interest not only to philosophers, but also to those social scientists whose research concerns the analysis of communication, verbal or non-verbal. Although most of the topics taken up here are central to issues in the philosophy of language, they are, in my opinion, indistinguishable from topics in descriptive social psychology. The essay aims to provide a conceptual framework within which various key aspects of communication can be described, and it presents a (...) formal language, using techniques from modern modal logic, in which such descriptions can themselves be formulated. It is my hope that this framework, or parts of it, might also turn out to be of value in future empirical work. There are, therefore, essentially two sides to this essay: the development of a framework of concepts, and the construction of a formal language rich enough to express the elements of which that framework is composed. The first of these two takes its point of departure in the statement quoted from Lewis (1972) on the page preceding this introduction. The distinction drawn there by Lewis is accepted as a working hypothesis, and in one sense this essay may be seen as an attempt to explore some of the consequences of that hypothesis. (shrink)

The paper highlights a certain kind of self-falsifying utterance, which I shall call antiperformative assertions, not noted in speech-act theory thus far. By taking such assertions into account, the old question whether explicit performatives have a truth-value can be resolved. I shall show that explicit performatives are in fact self-verifyingly true, but they are not related to propositions the way ordinary assertions are; antiperformatives have the same unusual relation to propositions, but are self-falsifyingly false. Explicit performatives are speech acts performed (...) in situations where it is important that the speaker is self-reflectively aware of what he is doing in the speech act. Antiperformatives, on the other hand, are speech acts performed in situations where lack of direct self-reflectiveness is required. In order to situate performatives and antiperformatives, the analysis is embedded within a more general discussion of self-falsifying and self-verifying assertions. (shrink)