This collection of contributions from both linguists and lawyers brings a pragmatic perspective to the linguistic basis for legal meaning and for finding a norm by which to decide a case. That is, it turns from notions of linguistic meaning as residing in the text, as literal meaning waiting to be dug out, to focus instead on how readers infer pragmatic meaning, and on the kinds of inferencing that characterise legal discourse.

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.

This article discusses recent work on lying and its relation to deceiving and misleading. Two new developments in this area are considered: first, the acknowledgment of the phenomenon of lying without the intent to deceive , and second, recent work on the distinction between lying and merely misleading. Both are discussed in relation to topics in philosophy of language, the epistemology of testimony, and ethics. Critical surveys of recent theories are offered and challenges and open questions for further research are (...) indicated. (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.

Saying too little and saying too much : critical notice of Lying, Misleading, and What is Said by Jennifer Saul.

The traditional view of lying holds that this phenomenon involves two central components: stating what one does not believe oneself and doing so with the intention to deceive. This view remained the generally accepted view of the nature of lying until very recently, with the intention-to-deceive requirement now coming under repeated attack. In this article, I argue that the tides have turned too quickly in the literature on lying. For while it is indeed true that there can be lies where (...) there is no intention on the part of the speaker to deceive the hearer, this does not warrant severing the connection between lying and deception altogether. Thus, I defend the following account of lying: A lies to B if and only if (1) A states that p to B, (2) A believes that p is false, and (3) A intends to be deceptive to B in stating that p. (shrink)

Surprisingly, the fact that the speaker is lying is sometimes common knowledge between everyone involved. Strangely, we condemn these bald-faced lies more severely than disguised lies. The wrongness of lying springs from the intent to deceive – just the feature missing in the case of bald-faced lies. These puzzling lies arise systematically when assertions are forced. Intellectual duress helps to explain another type of non-deceptive false assertion : lying to yourself. In the end, I conclude that the apparent intensity of (...) our disapproval of non-deceptive lies is a rhetorical illusion. (shrink)

A critique of the purely semantic, minimalist notion of 'what is said'.

Few moral questions have greater bearing on the conduct of our everyday lives than questions about the morality of lying. These questions are also important for ethical theory. An important test of any theory of right and wrong is whether it gives an adequate account of the morality of lying. Conceptual questions about the nature of lying are prior to questions about the moral status of lying. Any theory about the moral status of lying presupposes an account of what lying (...) is. (shrink)

Confusion in terms inspires confusion in concepts. When a relevant distinction is not clearly marked or not marked at all, it is apt to be blurred or even missed altogether in our thinking. This is true in any area of inquiry, pragmatics in particular. No one disputes that there are various ways in which what is communicated in an utterance can go beyond sentence meaning. The problem is to catalog the ways. It is generally recognized that linguistic meaning underdetermines speaker (...) meaning because of the need for disambiguation and reference assignment and because people can speak figuratively or indirectly. But philosophers and linguists are coming to recognize that these are not the only ways. The situation may be described in Gricean terms: the distinction between what is said and what is implicated is not exhaustive. Charting the middle ground between the two will require attending to specific examples, noting their distinctive features, and articulating the relevant concepts. That is what I aim to do here. The basic idea will be to distinguish not only the implied from the explicit but the implicit from the implied. (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)

According to the traditional definition of lying, somebody lies if he or she makes a believed-false statement with the intention to deceive. The traditional definition has recently been challenged by non-deceptionists who use bald-faced lies to underpin their view that the intention to deceive is no necessary condition for lying. We conducted two experiments to test whether their assertions are true. First, we presented one of five scenarios that consisted of three different kinds of lies. Then we asked participants to (...) judge whether the scenario at hand was a lie, whether the speaker intended to deceive somebody, and how they would judge the behavior in terms of morality. As expected, our results indicate that the intention to deceive is not a necessary condition for lying. Participants rated indifferent lies to be lies and judged that no intention to deceive was involved in these cases. In addition, all bald-faced lies were evaluated as lies. However, participants widely ascribed an intention to deceive to bald-faced lies, which thus might not apply as counterexamples against the traditional definition of lying. Besides, lies are judged as morally wrong regardless of an intention to deceive. (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)

This essay argues that the distinction between lying and misleading while not lying is sensitive to discourse structure. It shows that whether an utterance is a lie or is merely misleading sometimes depends on the topic of conversation, represented by so-called questions under discussion. It argues that to mislead is to disrupt the pursuit of the goal of inquiry—that is, to discover how things are. Lying is seen as a special case requiring assertion of disbelieved information, where assertion is characterized (...) as a mode of contributing information to a discourse that is sensitive to the state of the discourse itself. The resulting account is applied to a number of ways of exploiting the lying-misleading distinction, involving conversational implicature, incompleteness, presuppositions, and prosodic focus. The essay shows that assertion, and hence lying, is preserved from subquestion to superquestion under a strict entailment relation between questions, and it discusses ways of lying and misleading in relation to multiple questions. (shrink)

Within the philosophy of language, pragmatics has tended to be seen as an adjunct to, and a means of solving problems in, semantics. A cognitive-scientific conception of pragmatics as a mental processing system responsible for interpreting ostensive communicative stimuli (specifically, verbal utterances) has effected a transformation in the pragmatic issues pursued and the kinds of explanation offered. Taking this latter perspective, I compare two distinct proposals on the kinds of processes, and the architecture of the system(s), responsible for the recovery (...) of speaker meaning (both explicitly and implicitly communicated meaning). (shrink)

This paper defends a purely semantic notionof what is said against various recent objections. Theobjections each cite some sort of linguistic,psychological, or epistemological fact that issupposed to show that on any viable notion of what aspeaker says in uttering a sentence, there ispragmatic intrusion into what is said. Relying on amodified version of Grice's notion, on which what issaid must be a projection of the syntax of the utteredsentence, I argue that a purely semantic notion isneeded to account for the (...) linguistically determinedinput to the hearer's inference to what, if anything,the speaker intends to be conveying in uttering thesentence. (shrink)

Three experiments investigated the processing of the implicature associated with some using a “gumball paradigm.” On each trial, participants saw an image of a gumball machine with an upper chamber with 13 gumballs and an empty lower chamber. Gumballs then dropped to the lower chamber and participants evaluated statements, such as “You got some of the gumballs.” Experiment 1 established that some is less natural for reference to small sets and unpartitioned sets compared to intermediate sets. Partitive some of was (...) less natural than simple some when used with the unpartitioned set. In Experiment 2, including exact number descriptions lowered naturalness ratings for some with small sets but not for intermediate size sets and the unpartitioned set. In Experiment 3, the naturalness ratings from Experiment 2 predicted response times. The results are interpreted as evidence for a Constraint-Based account of scalar implicature processing and against both two-stage, Literal-First models and pragmatic Default models. (shrink)

There are many philosophical questions surrounding the notion of lying. Is it ever morally acceptable to lie? Can we acquire knowledge from people who might be lying to us? More fundamental, however, is the question of what, exactly, constitutes the concept of lying. According to one traditional definition, lying requires intending to deceive (Augustine. (1952). Lying (M. Muldowney, Trans.). In R. Deferrari (Ed.), Treatises on various subjects (pp. 53?120). New York, NY: Catholic University of America). More recently, Thomas Carson (2006. (...) The definition of lying. Nous, 40, 284?306) has suggested that lying requires warranting the truth of what you do not believe. This paper examines these two prominent definitions and some cases that seem to pose problems for them. Importantly, theorists working on this topic fundamentally disagree about whether these problem cases are genuine instances of lying and, thus, serve as counterexamples to the definitions on offer. To settle these disputes, we elicited judgments about the proposed counterexamples from ordinary language users unfettered by theoretical bias. The data suggest that everyday speakers of English count bald-faced lies and proviso lies as lies. Thus, we claim that a new definition is needed to capture common usage. Finally, we offer some suggestions for further research on this topic and about the moral implications of our investigation into the concept of lying. (shrink)

It has been generally assumed that certain categories of numerical expressions, such as ‘more than n’, ‘at least n’, and ‘fewer than n’, systematically fail to give rise to scalar implicatures in unembedded declarative contexts. Various proposals have been developed to explain this perceived absence. In this paper, we consider the relevance of scale granularity to scalar implicature, and make two novel predictions: first, that scalar implicatures are in fact available from these numerical expressions at the appropriate granularity level, and (...) second, that these implicatures are attenuated if the numeral has been previously mentioned or is otherwise salient in the context. We present novel experimental data in support of both of these predictions, and discuss the implications of this for recent accounts of numerical quantifier usage. (shrink)

This paper aims to differentiate between lying and irony, typically addressed independently by philosophers and linguists, as well as to discuss the cases when deception co-occurs with, and capitalises on, irony or metaphor. It is argued that the focal distinction can be made with reference to Grice’s first maxim of Quality, whose floutings lead to overt untruthfulness, and whose violations result in covert untruthfulness. Both types of untruthfulness are divided into explicit and implicit subtypes depending on the level of meaning (...) on which they are manifest. Further, it is shown that deception may be based on irony or metaphor, which either promote deceptive implicatures or are deployed covertly. Finally, some argumentation is provided in favour of why these cases of deceiving can be conceptualised as lying. (shrink)