Lies are typically defined as believed falsehoods asserted with the intention of deceiving the hearer. A particularly problematic case for this definition is that of false implicatures. These are prototypically cases where the proposition expressed by the speaker's utterance is true, yet an implicature conveyed by this proposition in context is false. However, implicature is a diverse category and whether a blanket statement such as “false implicatures are lies,” as some have argued can account for all of them is open (...) to investigation. We present an experimental investigation of whether naïve participants define different types of implicatures as lies. Our results show that only a couple of types of implicatures were strongly rated as lies by participants. These results suggest that participants distinguish between different types of communicated meanings on linguistic grounds, contributing both to the literature on lying, as well as to theoretical discussions of how different types of meaning are communicated. (shrink)

This paper aims to distil the essence of deception performed by means of withholding information, a topic hitherto largely neglected in the psychological, linguistic, and philosophical research on deception. First, the key conditions for deceptively withholding information are specified. Second, several notions related to deceptively withholding information are critically addressed with a view to teasing out the main forms of withholding information. Third, it is argued that deceptively withholding information can be conceptualized in pragmatic-philosophical terms as being based on the (...) violation of Grice's first maxim of Quantity, which is conducive to covertly untruthful meaning, specifically hearer-inferred what is said that presents the violation of the first maxim of Quality. In order to meet this goal, Gricean and neo-Gricean scholarship on the first maxim of Quantity and its consequences is revisited. Fourth, a number of linguistic realizations of withholding information are examined. It is argued that some of the examples found in the relevant scholarship, namely those that involve scalar expressions, qualify rather as lies. (shrink)

There are many different ways in which modern Corpus Linguistics can be used to enrich and broaden our understanding of legal discourse. Based on the central principle of co-occurrence and co-selection in language construction, this paper reviews current applications of Corpus Linguistics in the area of legal discourse focusing on issues ranging from phraseology, variation in legal discourse, legal translation, register and genre perspectives on legal discourse, legal discourse in forensic contexts to evaluative language in judicial settings. It revisits the (...) notion of ‘corpus’ and it highlights the relevance of various types of legal corpora and computer tools in legal linguistic research. (shrink)

There are certain standards of legal interpretation. Interpretive directives are heterogeneous—both in terms of the issues they address and of the form. Not all authors consider the canons of interpretation to be norms like any other ones. Moreover, some claim that the term “incorrect interpretation” refers only to an arbitrarily chosen concept. I intend to investigate whether, despite the objections raised, interpretative directives can be said to have the status of legal norms. I wonder whether the so-called law of interpretation (...) (LoI), can provide a normative key to assess the correctness of the interpretation of legal texts. Text raises important questions concerning LoI. Firstly, the question of the status of interpretative directives and the problem of their defeasibility. Second, it refers to the problem of compliance with interpretative directives and the consequences of their violation, drawing attention to the two contexts of legal interpretation (the context of discovery and justification) and to the fact that canons of interpretation can constitute a standard for the correctness of the interpretative procedure and for its result. Third, this paper refers to the problem of vagueness of interpretative directives, analysing the advantages of maintaining it to a certain extent, as well as the possibilities of reducing it in the rest. The fourth issue analysed is the multiplicity of canons and the lack of a defined hierarchy of them. I conclude by pointing out that LoI should provide a model by which to assess the correctness of an interpretation. (shrink)

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 (...) because – according to them – communicative cooperation cannot be presumed in legal discourse to the same extent as in ordinary conversations. In this article, I will focus on implicatures in a particular kind of legal discourse, namely judicial opinions, and I will discuss to what extent we should also be sceptical about implicatures in this type of legal discourse. My aim is to suggest that scepticism about the reliability of implicatures in judicial opinions appears implausible once we take evidence into account, i.e. examples of implicatures from judicial opinions. I will argue that the evidence that sceptics provide is not only scarce but inconclusive and present a wealth of implicatures from judicial opinions that are not unreliable. I will conclude that an evidence-based approach casts the sceptical view into doubt and suggest that communicative cooperation is presumed in judicial opinions, as well. (shrink)