The compelling, widely-accepted Satisfaction-is-Truth Principle says that if S wants p, then S has a desire that's satisfied in exactly the worlds where p is true. We reject the Principle; an agent may want p without having a desire that's satisfied when p obtains in any old way. Other theorists who reject the Principle rely on contested intuitions about when agents get what they want. We instead appeal to—and shed new light on—the dispositional role of desire.

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 classification of a state of affairs under a legal category can be considered as a kind of con- densed decision that can be made explicit, analyzed, and assessed us- ing argumentation schemes. In this paper, the controversial conflict of opinions concerning the nature of “marriage” in Obergefell v. Hodges is analyzed pointing out the dialecti- cal strategies used for addressing the interpretive doubts. The dispute about the same-sex couples’ right to marry hides a much deeper disa- greement not only (...) about what mar- riage is, but more importantly about the dialectical rules for defining it. (shrink)

Contextualism in epistemology has traditionally been understood as the view that “know” functions semantically like an indexical term, encoding different contents in contexts with different epistemic standards. But the indexical hypothesis about “know” faces a range of objections. This article explores an alternative version of contextualism on which “know” is a semantically stable term, and the truth-conditional variability in knowledge claims is a matter of pragmatic enrichment. The central idea is that in contexts with stringent epistemic standards, knowledge claims are (...) narrowed: “know” is used in such contexts to make assertions about particularly demanding types of knowledge. The resulting picture captures all of the intuitive data that motivate contextualism while sidestepping the controversial linguistic thesis at its heart. After developing the view, the article shows in detail how it avoids one influential linguistic objection to traditional contextualism concerning indirect speech reports, and then answers an objection concerning the unavailability of certain types of clarification speeches. (shrink)

Brian Loar [1976] observed that, even in the simplest of cases, such as an utterance of (1): ‘He is a stockbroker’, a speaker's audience might misunderstand her utterance even if they correctly identify the referent of the relevant singular term, and understand what is being predicated of it. Numerous theorists, including Bezuidenhout [1997], Heck [1995], Paul [1999], and Récanati [1993, 1995], have used Loar's observation to argue against direct reference accounts of assertoric content and communication, maintaining that, even in these (...) simple cases, the propositional contribution of a referring expression must be more than just its referent. -/- I argue here that, while Loar's observation is correct, the conclusion he and others have sought to draw from it simply does not follow. Rather, his observation helps to remind us of an important Gricean insight into the nature of communicative acts—including acts of speaker-reference—namely, that there is more to understanding a communicative act than merely entertaining what a speaker is intending to communicate thereby. Once we remember this insight, we see that the phenomenon to which Loar is calling our attention should actually be expected given the direct reference theorist's assumptions, together with independently plausible Gricean principles concerning how we make our referential intentions manifest in communication. More generally, the Gricean strategy for explaining the challenge posed by Loar cases suggests a novel way to account for certain crucial anti-direct reference intuitions—one requiring no modification of the original theory (e.g., no invocation of ‘descriptive enrichments’ as in Soames [2002]), thereby allowing for a direct reference account of what is asserted in utterances of ‘simple sentences’ such as (1). (shrink)

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)