Moral philosophers and psychologists often assume that people judge morally lucky and morally unlucky agents differently, an assumption that stands at the heart of the Puzzle of Moral Luck. We examine whether the asymmetry is found for reflective intuitions regarding wrongness, blame, permissibility, and punishment judg- ments, whether people’s concrete, case-based judgments align with their explicit, abstract principles regarding moral luck, and what psychological mechanisms might drive the effect. Our experiments produce three findings: First, in within-subjects experiments favorable to reflective (...) deliberation, the vast majority of people judge a lucky and an unlucky agent as equally blameworthy, and their actions as equally wrong and permissible. The philosophical Puzzle of Moral Luck, and the challenge to the very possibility of systematic ethics it is frequently taken to engender, thus simply do not arise. Second, punishment judgments are significantly more outcome- dependent than wrongness, blame, and permissibility judgments. While this constitutes evidence in favor of current Dual Process Theories of moral judgment, the latter need to be qualified: punishment and blame judgments do not seem to be driven by the same process, as is commonly argued in the literature. Third, in between-subjects experiments, outcome has an effect on all four types of moral judgments. This effect is mediated by negligence ascriptions and can ultimately be explained as due to differing probability ascriptions across cases. (shrink)

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 (...) to default used to justify an interpretation. This approach can allow one to trace the different legal interpretive arguments back to their basic underlying presumptions, so that they can be compared, ordered, and assessed according to their defeasibility conditions. This approach allows one to understand the difference between various types of interpretive canons, and their strength in justifying an interpretation. (shrink)

As an empirical inquiry into the nature of meaning, semantics must rely on data. Unfortunately, the primary data to which philosophers and linguists have traditionally appealed—judgments on the truth and falsity of sentences—have long been known to vary widely between competent speakers in a number of interesting cases. The present article constitutes an experiment in how to obtain some more consistent data for the enterprise of semantics. Specifically, it argues from some widely accepted Gricean premises to the conclusion that judgments (...) on lying are semantically relevant. It then endeavors to show how, assuming the relevance of such judgments, we can use them to generate a useful, widely acceptable test for semantic content. (shrink)

The standard view in social science and philosophy is that lying does not require the liar’s assertion to be false, only that the liar believes it to be false. We conducted three experiments to test whether lying requires falsity. Overall, the results suggest that it does. We discuss some implications for social scientists working on social judgments, research on lie detection, and public moral discourse.

A conversational implicature is an inference that consists in attributing to a speaker an implicit meaning that goes beyond the explicit linguistic meaning of an utterance. This paper experimentallyinvestigates scalar implicature, a paradigmatic case of implicature in which a speaker's use of a term like Some indicates that the speaker had reasons not to use a more informative one from the samescale, e.g. All; thus, Some implicates Not all. Pragmatic theorists like Grice would predict that a pragmatic interpretation is determined (...) only after its explicit, logical meaning is incorporated (e.g. whereSome means at least one). The present work aims to developmentally unpack this prediction by showing how younger, albeit competent, reasoners initially treat a relatively weak term logically beforebecoming aware of its pragmatic potential. Three experiments are presented. Experiment 1 presents a modal reasoning scenario offering an exhaustive set of conclusions; critical among these isparticipants' evaluation of a statement expressing Might be x when the context indicates that the stronger Must be x is true. The conversationally-infelicitous Might be x can be understood logically(e.g. as compatible with Must) or pragmatically (as exclusive to must). Results from five-, seven-, and nine-year-olds as well as adults revealed that a) seven-year-olds are the youngest to demonstratemodal competence overall and that; b) seven- and nine-year-olds treat the infelicitous Might logically significantly more often than adults do. Experiment 2 showed how training with the modal taskcan suspend the implicatures for adults. Experiment 3 provides converging evidence of the developmental pragmatic effect with the French existential quantifier Certains (Some). Whilelinguistically-sophisticated children (eight- and ten-year-olds olds) typically treat Certains as compatible with Tous (All), adults are equivocal. These results, which are consistent with unanticipatedfindings in classic developmental papers, reveal a consistent ordering in which representations of weak scalar terms tend to be treated logically by young competent participants and morepragmatically by older ones. This work is also relevant to the treatment of scalar implicatures in the reasoning literature. (shrink)

Gricean pragmatics. Saying vs. implicating ; Discourse and cooperation ; Conversational implicatures ; Generalised vs. particularised ; Cancellability ; Gricean reasoning and the pragmatics of what is said -- The standard recipe for Q-implicatures. The standard recipe ; Inference to the best explanation ; Weak implicatures and competence ; Relevance ; Conclusion -- Scalar implicatures. Horn scales and the generative view ; Implicatures and downward entailing environments ; Disjunction : exclusivity and ignorance ; Conclusion -- Psychological plausibility. Charges of psychological (...) inadequacy ; Logical complexity ; Abduction ; Incremental processing ; The intentional stance ; Alternatives ; Conclusion -- Nonce inference or defaults?. True defaults ; Strong defaultism ; Weak defaultism ; Contextualism ; Conclusion -- Intentions, alternatives, and free choice. Free choice ; Problems with the standard recipe ; Intentions first ; Free choice explained ; Comparing alternatives ; Two flavours of Q-implicature ; Conclusion -- Embedded implicatures : the problems. The problems ; Varieties of conventionalism ; Against conventionalism ; Conclusion -- Embedded implicatures : a Gricean approach. Disjunction ; Belief reports ; Factives and other presupposition inducers ; Indefinites ; Contrastive construals and lexical pragmatics ; Conclusion. (shrink)

Recently there has been a lively revival of interest in implicatures, particularly scalar implicatures. Building on the resulting literature, our main goal in the present paper is to establish an empirical generalization, namely that SIs can occur systematically and freely in arbitrarily embedded positions. We are not so much concerned with the question whether drawing implicatures is a costly option (in terms of semantic processing, or of some other markedness measure). Nor are we specifically concerned with how implicatures come about (...) (even though, to get going, we will have to make some specific assumptions on this matter). The focus of our discussion is testing the claim of the pervasive embeddability of SIs in just about any context, a claim that remains so far controversial. While our main goal is the establishment of an empirical generalization, if we succeed, a predominant view on the division of labor between semantics and pragmatics will have to be revised. A secondary goal of this paper is to hint at evidence that a revision is needed on independent grounds. But let us first present, in a rather impressionistic way, the reasons why a revision would be required if our main generalization on embedded SIs turns out to be correct. In the tradition stemming from Grice (1989), implicatures are considered a wholly pragmatic phenomenon and SIs are often used as paramount examples. Within such a tradition, 㳊 semantics is taken to deal with the compositional construction of sentence meaning (a term which we are using for now in a loose, non technical way), while pragmatics deals with how sentence meaning is actually put to use (i.e. enriched and possibly modified through reasoning about speakers’ intentions, contextually relevant information, etc.). Simply put, on this view pragmatics takes place at the level of complete utterances and pragmatic enrichments are a root phenomenon (something that happens globally to sentences) rather than a compositional one.. (shrink)

When we speak, we mean more than we say. In this book Stephen C. Levinson explains some general processes that underlie presumptions in communication.

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)

1. Implicature: some basic oppositions IMPLICATURE is a component of speaker meaning that constitutes an aspect of what is meant in a speaker’s utterance without being part of what is said. What a speaker intends to communicate is characteristically far richer than what she directly expresses; linguistic meaning radically underdetermines the message conveyed and understood. Speaker S tacitly exploits pragmatic principles to bridge this gap and counts on hearer H to invoke the same principles for the purposes of utterance interpretation. (...) The contrast between the said and the meant, and derivatively between the said and the implicated (the meant-but-unsaid), dates back to the fourth century rhetoricians Servius and Donatus, who characterized litotes—the figure of pragmatic understatement—as a figure in which we say less but mean more (“minus dicimus et plus significamus”; see Hoffmann 1987 and Horn 1991a for discussion). In the classical Gricean model, the bridge from what is said (the literal content of the uttered sentence, computed directly from its grammatical structure with the reference of indexicals resolved) to what is communicated is constructed through implicature. As an aspect of speaker meaning, implicatures are by definition distinct from the non-logical inferences that the hearer draws; it is a category mistake to attribute implicatures either to hearers or to sentences (e.g. P and Q) and subsentential expressions (e.g. some). But we can systematically (at least for generalized implicatures; see below) correlate the speaker’s intention to implicate q (in uttering p in context C), the expression p that carries the implicature in C, and the inference of q induced by the speaker’s utterance of p in C. (shrink)

In order to lie, you have to say something that you believe to be false. But lying is not simply saying what you believe to be false. Philosophers have made several suggestions for what the additional condition might be. For example, it has been suggested that the liar has to intend to deceive (Augustine 395, Bok 1978, Mahon 2006), that she has to believe that she will deceive (Chisholm and Feehan 1977), or that she has to warrant the truth of (...) what she says (Carson 2006). In this paper, I argue that none of the existing definitions of lying identify a necessary condition on lying. I claim that lying is saying what you believe to be false when you believe that the following norm of conversation is in effect: "Do not say what you believe to be false" (Grice 1989, 27). And I argue that this definition handles all of the counter-examples to the existing definitions. (shrink)

This book proposes a novel, descriptive theory that unveils the linguistic mechanisms lurking behind judicial decisions. It offers a comprehensive account of the ongoing debate, as well as a novel solution to the problem of understanding legal pragmatics. Linguistic pragmatics is based on a theory created by Paul Grice, who observed that people usually convey more than just the amalgam of the meaning of the words they use. He labeled this surplus of meaning a “conversational implicature.” This book addresses the (...) question of whether implicatures occur in the legal language, firstly illustrating why the classic Gricean theory is not applicable to the description of legal language and proposing a novel approach based on a modification of Andrei Marmor’s “strategic speech.” Subsequently, it analyzes neo-Gricean theories and their limited use for describing the mechanisms of legal interpretation, and discusses the possibility of pragmatic enrichment of legal content as well as the notion of completeness of a legal proposition. Lastly, it illustrates how the developed theory works in practice, with examples from penal and civil law cases. The book is helpful to legal practitioners, since it provides insights into the reasons for and linguistic mechanisms behind courts’ decisions, but also to philosophers of law, philosophers of language, linguists and non-experts wishing to better understand the mechanisms of legal decision making. (shrink)

1. Lying -- 2. The problem of what is said -- 3. What is said -- 4. Is lying worse than merely misleading? -- 5. Some interesting cases.

When people speak, they often insinuate their intent indirectly rather than stating it as a bald proposition. Examples include sexual come-ons, veiled threats, polite requests, and concealed bribes. We propose a three-part theory of indirect speech, based on the idea that human communication involves a mixture of cooperation and conflict. First, indirect requests allow for plausible deniability, in which a cooperative listener can accept the request, but an uncooperative one cannot react adversarially to it. This intuition is sup- ported by (...) a game-theoretic model that predicts the costs and benefits to a speaker of direct and indirect requests. Second, language has two functions: to convey information and to negotiate the type of relationship holding between speaker and hearer (in particu- lar, dominance, communality, or reciprocity). The emotional costs of a mismatch in the assumed relationship type can create a need for plausible deniability and, thereby, select for indirectness even when there are no tangible costs. Third, people perceive language as a digital medium, which allows a sentence to generate common knowledge, to propagate a message with high fidelity, and to serve as a reference point in coordination games. This feature makes an indirect request qualitatively different from a direct one even when the speaker and listener can infer each other’s intentions with high confidence. (shrink)

This article develops a Gricean account for the computation of scalarimplicatures in cases where one scalar term is in the scope ofanother. It shows that a cross-product of two quantitative scalesyields the appropriate scale for many such cases. One exception iscases involving disjunction. For these, I propose an analysis that makesuse of a novel, partially ordered quantitative scale for disjunction andcapitalizes on the idea that implicatures may have different epistemic status.

The book builds on recent work in pragmatics and speech-act theory to explain how, and to what extent, legal content is determined by linguistic considerations. At the same time, the analysis shows that some of the unique features of communication in the legal domain - in particular, its strategic nature - can be employed to put pressure on certain assumptions in philosophy of language. This enables a more nuanced picture of how semantic and pragmatic determinants of communication work in complex (...) and large-scale systems such as law. (shrink)

Utterances can convey more information than they explicitly encode, and speakers exploit communicative conventions in order to say more with less. However, the burden this places on perceivers is not well understood. This chapter examines the effect of speaker-specific information on pragmatic inferences using data from an experiment which investigated the time course of the use of pragmatic information in language comprehension. Previous evidence suggests that comprehenders who encounter a referential form, including a modifier that commonly indicates contrastiveness, assume that (...) the referential form is being used contrastively. Thus, they consequently look to the relevant object in the scene very early when processing the referential expression. In this case, people appear to be implicitly following H. P. Grice’s maxim of quantity. This chapter demonstrates that comprehenders stop using contrastive information early in resolving reference when speakers consistently do not use contrastive elements appropriately, consistent with a pragmatic explanation of referential contrast effects. (shrink)

This essay investigates the applicability of Grice’s theory of conversational implicatures to legal interpretation, in order to highlight some of its characteristics. After introducing the notions of language and discourse, and briefly explaining the most salient aspects of Grice’s theory, I will analyse the interpretation of two types of legal acts; authoritative legal acts and acts of private autonomy. Regarding the first class, exemplified by statutes, I will argue against the applicability of Gricean theory due to the conflictual behaviour of (...) the addressees and, above all, to the insurmountable indeterminacy of the contextual elements. As far as acts of private autonomy are concerned, exemplified by contracts, I will argue that the cooperative principle is applicable, at least in those legal systems that include the principle of bona fides among the interpretative regulations of such acts. (shrink)

Is language understanding a special case of social cognition? To help evaluate this view, we can formalize it as the rational speech-act theory: Listeners assume that speakers choose their utterances approximately optimally, and listeners interpret an utterance by using Bayesian inference to “invert” this model of the speaker. We apply this framework to model scalar implicature (“some” implies “not all,” and “N” implies “not more than N”). This model predicts an interaction between the speaker's knowledge state and the listener's interpretation. (...) We test these predictions in two experiments and find good fit between model predictions and human judgments. (shrink)

This paper will be concerned with the conjunctive interpretation of a family of disjunctive constructions. The relevant conjunctive interpretation, sometimes referred to as a “free choice effect,” (FC) is attested when a disjunctive sentence is embedded under an existential modal operator. I will provide evidence that the relevant generalization extends (with some caveats) to all constructions in which a disjunctive sentence appears under the scope of an existential quantifier, as well as to seemingly unrelated constructions in which conjunction appears under (...) the scope of negation and a universal quantifier. (shrink)

In this paper, I first review some of the recent empirical work on the biasing effect that moral considerations have on folk ascriptions of intentional action. Then, I use Mark Alicke's affective model of blame attribution to explain this biasing effect. Finally, I discuss the relevance of this research - both philosophical and psychological - to the problem of the partiality of jury deliberation. After all, if the immorality of an action does affect folk ascriptions of intentionality, and all serious (...) criminal offenses - e.g., murder and rape - are immoral in addition to being illegal, then a juror's ability to determine the relevant mens rea (i.e., guilty mind) of a defendant in an unbiased way may be seriously undermined. (shrink)

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)