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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 (...) |
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Stereotypes shape inferences in philosophical thought, political discourse, and everyday life. These inferences are routinely made when thinkers engage in language comprehension or production: We make them whenever we hear, read, or formulate stories, reports, philosophical case-descriptions, or premises of arguments – on virtually any topic. These inferences are largely automatic: largely unconscious, non-intentional, and effortless. Accordingly, they shape our thought in ways we can properly understand only by complementing traditional forms of philosophical analysis with experimental methods from psycholinguistics. This (...) |
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The debate over the merits of originalism has advanced considerably in recent years, both in terms of its intellectual sophistication and its practical significance. In the process, some prominent originalists—Lawrence Solum and Jeffrey Goldsworthy being the two discussed here—have been at pains to separate out the linguistic and normative components of the theory. For these authors, while it is true that judges and other legal decision-makers ought to be originalists, it is also true that the communicated content of the constitution (...) |
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I investigate: to what extent do folk ascriptions of lying differ between casual and courtroom contexts? to what extent does motive to lie influence ascriptions of trust, mental states, and lying judgments? to what extent are lying judgments consistent with previous ascriptions of communicated content? Following the Supreme Court’s Bronston judgment, I expect: averaged lying judgments to be similar in casual and courtroom contexts; motive to lie to influence levels of trust, mental states ascriptions, and patterns of lying judgments; retrospective (...) |
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A frequently discussed question in recent jurisprudential debates concerns the extent to which conversational implicatures can be conveyed reliably in legal language. Roughly, an implicature is a piece of information that a speaker communicates indirectly, that is without making the conveyed information explicit. According to the classical analysis of implicatures, their successful communication depends on a shared expectation of interlocutors to be cooperative in conversation. However, recently some legal theorists have claimed that in legal language implicatures tend to be unreliable (...) |
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Legal texts are often given interpretations that deviate from their literal meanings. While legal concerns often motivate these interpretations, others can be traced to linguistic phenomena. This paper argues that systematicities of language usage, captured by certain theories of conversational implicature, can sometimes explain why the meanings given to legal texts by judges differ from the literal meanings of the texts. Paul Grice's account of conversational implicature is controversial, and scholars have offered a variety of ways to conceptualize implicatures and (...) |
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Argumentation schemes are forms of reasoning that are fallible but correctable within a self-correcting framework. Their use provides a basis for taking rational action or for reasonably accepting a conclusion as a tentative hypothesis, but they are not deductively valid. We argue that teleological reasoning can provide the basis for justifying the use of argument schemes both in monological and dialogical reasoning. We consider how such a teleological justification, besides being inspired by the aim of directing a bounded cognizer to (...) |
PhilPapers logo by Andrea Andrews and Meghan Driscoll.
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