The interpretation and the indirect reporting of a speaker’s communicative intentions lie at the crossroad between pragmatics, argumentation theory, and forensic linguistics. Since the leading case Masson v. New Yorker Magazine, Inc., in the United States the legal problem of determining the truth of a quotation is essentially equated with the correctness of its indirect reporting, i.e. the representation of the speaker’s intentions. For this reason, indirect reports are treated as interpretations of what the speaker intends to communicate. Theoretical considerations, (...) aimed at establishing the pragmatic meaning of an utterance and differentiating between presumptive and non-presumptive interpretation, are thus interwoven with the practical legal need of distinguishing a correct indirect report from an indirect one or a misquotation. An incorrect report or a misquotation has the dialectical effect of attributing to the misquoted party commitments that he never held, which the latter needs to rebut. This shifting of the burden of persuasion can be increased by using strategically the conflict between the presumptive interpretation of an utterance and the non-presumptive one, i.e. the different types of pragmatic ambiguity. When an interpreter is confronted with an utterance taken out of its dialogical context, his interpretative process is not guided by the actual context or intention, but rather the most frequent or prototypical dialogical setting or the most typical individual purpose that it could have served to achieve. This presumptive reconstruction can be used to provide a prima facie case that the other party needs to reject. The stronger the interpretative presumptions a speaker needs to rebut, the more effective the misquotation strategy. The conflict between the systematic and the presumptive process of interpretation can be represented as an argumentative mechanism of reconstruction of the individual intention, which allows one to assess the reasonableness of the interpretative reasoning. (shrink)

This chapter identifies and explains several primary functions of the fictional use of metalinguistic devices and considers some difficult cases. In particular, this chapter argues that when real persons are quoted in a storyworld they are ‘storified’ as near-real fictions. In cases of the misquotation of real persons, near-real fictions and near-real quotations must adequately exploit resemblances between the real and the fictional. This concludes with a discussion of the similarities between fictional and nonfictional uses of metalinguistic acts, and how (...) they bear on our understanding of imagination and make-believe. (shrink)

Abstract: This chapter discusses speakers’ conceptions of reported entities as evident in reporting practices. Pragmatic analyses will be offered to explain the diversity of permissible reporting practices. Several candidate theses on speakers’ conceptions of reported entities will be introduced. The possibility that there can be a unified analysis of direct and indirect reporting practices will be considered. Barriers to this unification will be discussed with an emphasis on the cognitive abilities speakers use in discerning the entities referred to in reporting (...) contexts. (shrink)

Explicatures are not cancellable. Theoretical considerations.