In this paper, after outlining the methodological role Wittgenstein's appeal to language-games is supposed to play, I examine the picture of language which his discussion of such games and their relations to what Wittgenstein calls forms of life suggests. It is a picture according to which language and its employment are inextricably connected to wider contexts—they are embedded in specific natural and social environments, they are tied to purposive activities serving provincial needs, and caught up in distinctive ways of life (...) which creatures of a certain sort enjoy. In the remainder of the paper, I consider whether Wittgenstein's emphasis on the link between language and the circumstances surrounding its use points in the direction of an influential view widespread in contemporary philosophy of language, namely, semantic contextualism. I examine carefully a number of passages which scholars have appealed to in support of the claim that Wittgenstein advances contextualism and argue that they in fact provide no such support. The connection which Wittgenstein sees between what is expressed in the use of words and the circumstances in which they are used is not the connection the contextualist insists on. (shrink)

What knowledge would suffice to yield an interpretation of an arbitrary utterance of a language when such knowledge is based on evidence plausibly available to a nonspeaker of that language? it is argued that it is enough to know a theory of truth for the language and that the theory satisfies tarski's 'convention t' and that it gives an optimal fit to data about sentences held true, Under specified conditions, By native speakers.

In this chapter I deal with indirect reports in terms of language games. I try to make connections between the theory of language games and the theory of indirect reports, in the light of the issue of clues and cues. Indirect reports are based on an interplay of voices. The voice of the reporter must allow hearers to ‘reconstruct’ the voice of the reported speaker. Ideally, it must be possible to separate the reporter’s voice from that of the reported speaker. (...) When we analyze the language game of indirect reporting, we ideally want to establish which parts belong to the primary voice and which parts belong to the reporter’s voice. In this paper I apply considerations on language games by Dascal et al. and I explore the dialectics between abstract pragmatics principles and considerations about situated uses that are sensitive to cues and clues. (shrink)

Intercultural Pragmatics studies how language systems are used in social encounters between speakers who have different first languages and cultures, yet communicate in a common language. The field first emerged in the early 21st century, joining two seemingly antagonistic approaches to pragmatics research: the cognitive-philosophical approach, which considers intention as an a priori mental state of the speaker, and the sociocultural-interactional approach, which considers it as a post factum construct created by both speaker and hearer though conversation. Istvan Kecskes, an (...) early proponent of intercultural pragmatics, was among the first to propose merging the two to form the socio-cognitive approach now core to the field. In Intercultural Pragmatics, the first book on the subject, Kecskes establishes the foundations of the field, boldly combining the pragmatic view of cooperation with the cognitive view of egocentrism in order to incorporate emerging features of communication. He argues that people cooperate by generating and formulating intention that is relevant to the given actual situational context. At the same time, however, because of their egocentrism they activate the most salient information to their attention in the construction and comprehension of utterances. Within this approach, interlocutors are considered as social beings searching for meaning with individual minds embedded in a socio-cultural collectivity, and intention is a cooperation-directed practice that is governed by relevance which depends on actual situational experience.Intercultural pragmatics is a rapidly-growing field, and the only subfield of pragmatics to incorporate features of intercultural interaction into mainstream pragmatics. This volume offers both a valuable synthesis of current research and a new way to think about pragmatics. (shrink)

In fact, law is necessarily very vague. So if vagueness is a problem for legal theory, it is a serious problem. The problem has to do with the ideal of the rule of law and with the very idea of law: if vague standards provide no guidance in some cases, how can the life of a community be ruled by law? The problem has long concerned philosophers of law; the papers at this symposium address it afresh by asking what legal (...) theory may have to learn from (or contribute to) work on vagueness in philosophy of language and philosophy of logic. Here I will not try to state the implications of vagueness for philosophy of law; I will try to set the stage by showing that vagueness is both an important and an unavoidable feature of law. (shrink)

What can a philosophical analysis of the concept of interpretation contribute to legal theory? In his recent book,Interpretation and Legal Theory, Andrei Marmor proposes a complex and ambitious analysis as groundwork for his positivist assault on “interpretive” theories of law and of language. I argue (i) that the crucial element in Marmor's analysis of interpretation is his treatment of Ludwig Wittgenstein's remarks on following rules, and (ii) that a less ambitious analysis of interpretation than Marmor's can take better advantage of (...) those insights about rules. I explore some implications of such an analysis for the role of interpretation in legal reasoning. (shrink)

The distinction between a concept and its different conceptions plays a prominent role in debates about constitutional interpretation. Proponents of a dynamic reading of the Constitution-espousing interpretation of constitutional concepts according to their contemporary understandings typically rely on the idea that the Constitution entrenches only the general concepts it deploys, without authoritatively favoring any particular conception of them-specifically, without favoring the particular conception of the relevant concept that the framers of the Constitution may have had in mind. Originalists argue, to (...) the contrary, that fidelity to the Constitution requires an understanding of its provisions according to the particular conception of the abstract concepts prevalent at the time of enactment, and not those we may now favor. My main purpose in this essay is to put some pressure on the linguistic considerations that are presented in this debate, arguing that they are much more problematic than the proponents of both positions assume. I will try to show that the debate here is actually a moral-political one, mostly about the main rationale of a constitutional regime and the conditions of its legitimacy. It is, primarily, a debate about what constitutions are for, and what makes them legitimate. But I will only get to this moral issue at the end. The main part of the essay will strive to show that the semantic considerations employed in this debate are inconclusive; the way concepts are used in a given context depends on various pragmatic determinants, and those, in turn, depend on the nature of the conversation in question. The moral disagreement is, ultimately, about the kind of conversation that constitutional regimes are taken to establish. (shrink)

The author argues that philosophers' attempts to use philosophy of language to solve problems of jurisprudence have often failed- the most dramatic failure being that of Jeremy Bentham. H.L.A.Hart made some related mistakes in his creative use of philosophy of language, yet his focus on language still yields some very significant insights for jurisprudence: the context principle (that the correct application of linguistic expressions typically depends on context in ways that are important for jurisprudence), the diversity principle (that grounds of (...) correct application of legal language may be diverse), and the importance of vagueness. (shrink)