Law is the main regulator of public relations, and the question of the proper use and understanding of legal language is essential for law enforcement. This topic is of interest to both lawyers and philosophers, who often join efforts to study it. This article attempts precisely to take such an interdisciplinary approach when examining legal rules as specific linguistic conventions. First of all, for the sake of a better and more thorough understanding of legal language, legal (...) norms are viewed both from the point of view of semantics and from the point of view of pragmatics. Therefore, for this purpose, a distinction is made between legal norms and legal provisions as their linguistic equivalent. Legal norms are then explored through Wittgenstein's Later Philosophy, which describes their semantic content. The pragmatic aspect of the question is explained through John Austin's theory, thus treating legal rules as a kind of specific speech act of a conventional nature. (shrink)

Semantic originalism is a theory of constitutional meaning that aims to disentangle the semantic, legal, and normative strands of debates in constitutional theory about the role of original meaning in constitutional interpretation and construction. This theory affirms four theses: (1) the fixation thesis, (2) the clause meaning thesis, (3) the contribution thesis, and (4) the fidelity thesis. -/- The fixation thesis claims that the semantic content of each constitutional provision is fixed at the time the provision is (...) framed and ratified: subsequent changes in linguistic practice cannot change the semantic content of an utterance. -/- The clause meaning thesis claims that the semantic content is given by the conventional semantic meaning (or original public meaning) of the text with four modifications. The first modification is provided by the publicly available context of constitutional utterance: words and phrases that might be ambiguous in isolation can become clear in light of those circumstances of framing and ratification that could be expected to known to interpreters of the Constitution across time. The second modification is provided by the idea of the division of linguistic labor: some constitutional provisions, such as the natural born citizen clause may be terms of art, the meaning of which are fixed by the usages of experts. The third modification is provided by the idea of constitutional implicature: the constitution may mean things it does not explicitly say. The fourth modification is provided by the idea of constitutional stipulations: the constitution brings into being new terms such as House of Representatives and the meaning of these terms is stipulated by the Constitution itself. -/- The contribution thesis asserts that the semantic content of the Constitution contributes to the law: the most plausible version of the contribution thesis is modest, claiming that the semantic content of the Constitution provides rules of constitutional law, subject to various qualifications. Our constitutional practice provides strong evidence for the modest version of the contribution thesis. -/- The fidelity thesis asserts that we have good reasons to affirm fidelity to constitutional law: virtuous citizens and officials are disposed to act in accord with the Constitution; right acting citizens and officials obey the constitution in normal circumstances; constitutional conformity produces good consequences. Our public political culture affirms the great value of the rule of law. -/- We can summarize semantic originalism as a slogan: The original public meaning of the constitution is the law and for that reason it should be respected and obeyed. The slogan recapitulates each of the claims made by semantic originalism, but it is potentially misleading because it does not clearly distinguish between the semantic claims made by the fixation and clause meaning theses, the legal claim made by the contribution thesis, and the normative claim made by the fidelity thesis. -/- Part I introduces the four theses. Part II is entitled An Opinionated History of Constitutional Originalism, and it provides the context for all that follows. Part III is entitled Semantic Originalism: A Theory of Constitutional Meaning, and it lays out the case for original public meaning as the best nonnormative theory of constitutional content. Part IV is entitled The Normative Implications of Semantic Originalism, and it articulates a variety of normative arguments for originalism. Part V is entitled Conclusion: Semantic Originalism and Living Constitutionalism, and it explores the broad implications of semantic originalism for living constitutionalism and the future of constitutional theory. (shrink)

The debate over the merits of originalism has advanced considerably in recent years, both in terms of its intellectual sophistication and its practical significance. In the process, some prominent originalists—Lawrence Solum and Jeffrey Goldsworthy being the two discussed here—have been at pains to separate out the linguistic and normative components of the theory. For these authors, while it is true that judges and other legal decision-makers ought to be originalists, it is also true that the communicated content of the (...) constitution is its original meaning. That is to say: the meaning is what it is, not what it should be. Accordingly, there is no sense in which the communicated content of the constitution is determined by reference to moral desiderata; linguistic desiderata do all the work. In this article, I beg to differ. In advancing their arguments for linguistic originalism, both authors rely upon the notion of successful communications conditions. In doing so they implicitly open up the door for moral desiderata to play a role in determining the original communicated content. This undercuts their claim and changes considerably the dialectical role of linguistic originalism in the debate over constitutional interpretation. (shrink)

The text examines the status of the truth in the legal norms, trying to answer the questions of whether they can be subject to a truth assessment and, if such an assessment is possible, how a truth value can be attributed to legal norms. To achieve this goal, first of all, the text discusses some basic linguistic conceptions concerning the nature and truth of legal norms and subsequently, a a complex approach is being proposed for attributing truth-value (...) to legal norms. On On the one hand, the latter’s being studied by the methods of deontic logic and theory of possible worlds, and on the other hand, their relation to truth is being explained by semantic anti-realism. (shrink)

Law is a main source of justice in a democratic society, and as such it must send clear and unequivocal messages to its addressees. Therefore, the question of the meaning in the legal vocabulary does not lose its relevance and universality. The present study examines the question of the linguistic significance of legal norms in legal vocabulary, applying an interdisciplinary approach. Joining the thesis that the legislation can be considered as an expression of the legally significant will (...) of the rule-making authority, the legal provisions will be presented as an intentional act. In search of the most appropriate explanatory method, two kinds of theories will be applied in parallel: Paul Grice's theory of linguistic meaning, on the one hand, and some theories with both textualist and intentionalist orientation, on the other. Subsequently, the communicative maxims proposed by Grice will be related to selected normative requirements related to the language of the normative acts. (shrink)

It’s widely accepted that normativity is not subject to truth values. The underlying reasoning is that truth values can only be predicated of descriptive statements; normative statements are prescriptive, not descriptive; thus truth value predicates cannot be assigned to normative statements. Hence, deonticity lacks logical semantics. This semantic monism has been challenged over the last decades from a series of perspectives that open the way for legal logics with imperative semantics. In the present paper I will go back to (...) Kant and review his understanding of practical judgments, presenting it as supported by a pluralistic semantics. From this perspective a norm of Law is a logical expression that includes as content a generic description of a possible behavior by a generality of juridical agents, and assigns to that content the assertion of its obligatory character, accompanied by a disincentive for non-compliance. From this perspective legal norms can be syntactically formalized and assigned appropriate semantic values in such terms that they can be incorporated into valid inferential schemes. The consequence is that we can put together legal logics that handle both the phenomenal and the deontic dimensions of legality. (shrink)

Dworkin’s famous argument from legal disagreements poses a problem for legal positivism by undermining the idea that the law can be (just) the result of the practice and attitudes of norm-applying officials. In recent work, the chapter author argued that a hybrid contextualist theory paired with a dispositional theory of value—a hybrid dispositionalism, for short—offers the resources to respond to similar disagreement- based arguments in other evaluative and normative domains. This chapter claims that the theory the author advocates (...) can extend to legal statements and disputes, and shares some important features with Toh’s (2011) idea that legal statements express shared acceptance of norms. The chapter proposes that a contextualist semantics for legal statements paired with the pragmatic communication of implicatures that express shared acceptances of norms, achieves the same goal that Toh aims at. (shrink)

Resources for Feminist Research, Vol. 3, No. 4, pp. 44-45, 1985 In this brief article, written in 1984 and published the following year, Lucinda Vandervort sets out a comprehensive agenda for enforcement of sexual assault laws in Canada. Those familiar with her subsequent writing are aware that the legal implications of the distinction between the “social” and “legal” definitions of sexual assault, identified here as crucial for interpretation and implementation of the law of sexual assault, are analyzed at (...) length in “Mistake of Law and Sexual Assault: Consent and Mens Rea” (1986), published at (1987-88) 2(2) Canadian Journal of Women and the Law, 233 309. In that article the author argued that most mistakes about consent are not mistakes about a “fact” that may sometimes negative mens rea, but are actually mistakes about the law that afford accused no excuse under either Canadian common law or statutory criminal law. She argued further that consent must be interpreted as “voluntary agreement” and must be affirmatively and unequivocally communicated in order to operate as an effective waiver of a person’s legal right to be free from interference with his or her bodily integrity. That article was a central reference point in the consultations leading to the 1992 amendments to the sexual assault provisions in the Canadian Criminal Code and in some key decisions by the Supreme Court of Canada in sexual assault cases in the 1990’s. As a result of a gradual transformation of theoretical analysis of the law of mens rea and consent in Canada, culpable awareness is now understood by many jurists and criminal law theorists quite differently than it was twenty-five years ago. As Vandervort acknowledged in her 1984 Agenda for Action, however, clarity in legal theory and legal doctrine is no guarantee of how sexual assault laws will operate in practice. Theory and practice, doctrine and its implementation, often diverge. This phenomenon is still seen in some decisions taken at the trial, pre-trial, and pre-charge stages in sexual assault cases. Police, prosecutors, and many trial judges, like accused, may often be influenced by traditional attitudes about sexual consent and mistaken about the law of consent. Accordingly, in her recent work Vandervort re-visits and re-examines the exercise of discretion by police, prosecutors, and the judiciary. An example is her 2009 article “Legal Subversion of the Criminal Justice Process? Judicial, Prosecutorial and Police Discretion in R. v. Edmondson, Kindrat and Brown” in Sexual Assault Law, Practice & Activism in a Post-Jane Doe Era, edited by Elizabeth Sheehy (Ottawa: University of Ottawa Press, 2012). In this and some of her other recent work, the distinctions between social and legal norms and questions of fact and law, previously analyzed with the objective of clarifying the law, are used to control the effects of social ignorance and partiality in the handling of sexual assault complaints by decision-makers in the criminal justice system at trial and pre-trial. Lucinda Vandervort’s published and unpublished legal and philosophical writings on sexual assault and sexual assault law illustrate the development of a socio-legal scholar’s “Agenda for Action” into a principled, pragmatic, open-ended exercise in “institutional design.” Across two centuries, from the revolutionary era of the 18th century to the present, other radical egalitarians would recognize both the impetus for the project and many features of the political and cultural resistance to it. (shrink)

I argue that imperatives express contents that are both cognitively and semantically related to, but nevertheless distinct from, modal propositions. Imperatives, on this analysis, semantically encode features of planning that are modally specified. Uttering an imperative amounts to tokening this feature in discourse, and thereby proffering it for adoption by the audience. This analysis deals smoothly with the problems afflicting Portner's Dynamic Pragmatic account and Kaufmann's Modal account. It also suggests an appealing reorientation of clause-type theorizing, in which the cognitive (...) act of updating on a typed sentence plays a central role in theorizing about both its semantics and role in discourse. (shrink)

The hermeneutic pragmatism explored in this article timely examines how “post-truth” claims over-estimate semantic freedoms while at the same time underestimating semantic and pre-semantic restraints. Such pragmatism also timely examines how formalists err by committing the reverse errors. Drawing on insights from James, Peirce, Putnam, Rorty, Gadamer, Derrida, and others, such hermeneutic pragmatism explores (1) the necessary role of both internal and objective experience in meaning, (2) the resulting instrumental nature of concepts required to deal with such experience, (3) the (...) related need for workability to apply to the “the collectivity of experience’s demands, nothing being omitted,” (4) the inherent role of morality and other norms in measuring such workability, (5) the semantic as well as experiential nature of our workable realities, (6) the semantic freedoms involved in constructing, framing, and retaining our workable realities and concepts, and (7) the semantic, pre-semantic, and other restraints on constructing, framing, and retaining our workable realities and concepts. -/- Such hermeneutic pragmatism also introduces Eunomia, a real-world alternative to Dworkin’s superhuman judge Hercules. Named after the Greek goddess of good order, the human Eunomia represents the reasonable judge excellently versed in (among other things) legal theory, legal practice, linguistics, and philosophy of language. Additionally, in its appendices, this article surveys the pragmatic restraints of “implementives” and provides a detailed overview of pragmatic “workability” restraints for both law and fact. -/- (By “sense” the title of this article means not only “meaning conveyed or intended” but also “capacity for effective application of the powers of the mind as a basis for action or response.” See Sense, MERRIAM-WEBSTER’S COLLEGIATE DICTIONARY (11th ed. 2014) “Workable” has the broad meaning discussed in Sections II, IV, and Appendix C of the Article, and "good" is further explored in the section on Eunomia, namesake of the Greek goddess of good order.) -/- Keywords: Pragmatism, Hermeneutic, Truth, Rule of Law, William James, C.S. Peirce, Hilary Putnam, Richard Rorty, Gadamer, Habermas, Derrida, Lon Fuller, H.L.A. Hart, Post-truth, Postmodernism, Trump, Rhetoric, Meaning, Interpretation, Metaphor, Category, Lifeworld, Formalism, Framing, Deconstruction. (shrink)

This chapter offers an overview of experimental legal philosophy with a special focus on questions in general jurisprudence, that part of legal philosophy that asks about the concept and nature of law. Much of the experimental general jurisprudence work has tended to follow the questions that have interested general jurisprudence scholars for decades, that is, questions about the relation between legal norms and moral norms. Wholesale criticism of experimental general jurisprudence is scant, but, given existing debates about (...) experimental philosophy generally, one can anticipate where disagreement is likely to occur. Outside of experimental general jurisprudence, there is plenty of vibrant discussion about how experimental results can enrich our understanding of various concepts that figure in everyday legal thought such as causation, intention, consent, or meaning. In the future, experimental legal philosophers should continue to consider the degree to which their project is purely descriptive or whether it is revisionary or pragmatic in its ambitions. Also, future work might consider whether to focus more attention on legal experts. (shrink)

What do normative terms like “obligation” mean in legal contexts? On one view, which H.L.A. Hart may have endorsed, “obligation” is ambiguous in moral and legal contexts. On another, which is dominant in jurisprudence, “obligation” has a distinctively moralized meaning in legal contexts. On a third view, which is often endorsed in philosophy of language, “obligation” has a generic meaning in moral and legal con- texts. After making the nature of and disagreements between these views precise, (...) I show how linguistic data militates against both rivals to the generic meaning view, and argue that this has significant implications for jurisprudence. (shrink)

Many normative judgments play a practical role in our thought. This paper concerns how their practical role is reflected in language. It is natural to wonder whether the phenomenon is semantic or pragmatic. The standard assumption in moral philosophy is that at least terms which can be used to express “thin” normative concepts – such as 'good', 'right', and 'ought' – are associated with certain practical roles somehow as a matter of meaning. But this view is rarely given explicit defense (...) or even articulation. I’ll consider several versions of the view, and argue that even the most promising among them are problematic. Terms like 'ought' are often used in ways where their customary practical role is absent. Such cases give us a choice: either offer some plausible explanation of why the relevant practical upshots don’t show up in these cases despite featuring in our semantic theory for these expressions, or else don’t build them into that theory. I argue that plausible explanations of the requisite sort aren’t forthcoming in either descriptive semantics or metasemantics for normative language. In closing I briefly consider the prospects for a pragmatic account of the phenomenon and some broader ramifications for metaethics and the philosophy of normativity. (shrink)

This chapter does not presume to outline a new economic theory, nor a novel perspective on Jewish approaches to economy. Rather, it suggests the concept of pragmatic interestedness (PI) as means for thinking on the search for conscious or moral forms of capitalism. In short, pragmatic interestedness means that having interests is basic to human nature, and that interestedness is or can be non-egoistic and pro-social. This chapter proposes that PI, which has a significant role in normative Jewish tradition, can (...) contribute to the articulation of conscious capitalism. The chapter first defines what pragmatic interestedness is, and its opposite, namely disinterestedness (DI), which demands total impartiality. The second section considers the influential Christian concept of Agape or universal and egalitarian love, which is arguably at tension with eros and particular commitments (and with PI in this regard). It is argued that prominent modern philosophies secularize the Agape, especially Karl Marx’s Communism and Peter Singer’s Sentientism, in a way that marginalizes PI. The third section explores the appearance of pragmatic interestedness within rabbinic Jewish tradition, by (i) presenting the complicated duality of the concept of interest, (ii) emphasizing the recognition of human needs and interests in Judaism and (iii) highlighting Jewish sensitivity to the differences between various spheres of human commitment, and (iv) the role of market and economic considerations in Jewish tradition. The fourth section reflects more broadly on how PI may contribute to the conception of conscious or humane capitalism. (shrink)

This article seeks to identify and analyse the most significant changes regarding parental leave provision in post-communist Romania, as well as the extent to which its legal adjustments that took place after 1990 reveal both old trends inherited from the former political regime as well as new tendencies influenced by EU norms and directives. Consequently, this article has a twofold structure. First, a brief overview of the main concepts and theoretical approaches to parental leave will allow us to (...) proceed to a proper understanding of the epistemological tools underpinning this research object. Second, this article tackles the numerous legislative changes concerning parental leave that occurred after the fall of the communist regime. Although limited to a single category of research sources, this inquiry is indispensable for analysing the extent to which childcare and the gendered division of parental responsibilities have become real political struggles within the post-communist public agenda in Romania. (shrink)

Igal Kvart A Coding Conception in Action-Directed-Pragmatics -/- I present formal Pragmatics for a domain in Pragmatics that I call Action-Directed Pragmatics, which focuses on the Pragmatic riddle of how implicit contents are conveyed and understood, by adopting a coding model, in which the speaker and addressee simulate each other iteratively in a deliberative context (an ‘action-pregnant’ one). The implicit content, conveyed by a speaker and decoded by her addressee, in such cases, consists in the specified steered-to action, plus modulations (...) on the action-polarity (pro or con) and the degree of the so-called Steering Thrust that accompanies such assertions and is conveyed by verbal locutions, intonation, and/or bodily and facial gestures. There are two main tasks to model (in a given setup and conversational context): First, how is the speaker, with a steered-to action in mind (and Steering Thrust), to select an assertion so as to (say) optimize the successful transmission and decoding of its implicit pragmatic content by her and her addressee? Second, how does the addressee, given an assertion by the speaker, decipher the implicit pragmatic content conveyed via it? Both will invoke pertinent information they have about each other and the setup/context in order to best encode and best decode the implicit pragmatic content. (This coding mechanism proposed here is not offered for the ubiquitous ‘frozen’, ‘trivial’ or ‘routinized’ pragmatic messages.) A prelude to this formal Pragmatics is a general formal Pragmatic account of Assertibility in contexts that are multi-normative (which is the common case). I focus here only on Epistemic/Semantic and Instrumental Norms. A linear representation of degrees of Overall Assertibility (i.e., taking into account various operative norms) will be an n-dimensional qualitative vector space with a function that computes them given different degrees of sub-normative Assertibility on each axis. (shrink)

We define a formal semantics of conditionals based on _normatively ideal worlds_. Such worlds are described informally by Armgardt (Gabbay D, Magnani L, Park W, Pietarinen A-V (eds) Natural arguments: a tribute to john woods, College Publications, London, pp 699–708, 2018) to address well-known problems of the counterfactual approach to causation. Drawing on Armgardt’s proposal, we use iterated conditionals in order to analyse causal relations in scenarios of multi-agent interaction. This results in a refined counterfactual approach to causal responsibility in (...) legal contexts, which solves overdetermination problems in an intuitively accessible manner. (shrink)

Deontic logic is standardly conceived as the logic of true statements about the existence of obligations and permissions. In his last writings on the subject, G. H. von Wright criticized this view of deontic logic, stressing the rationality of norm imposition as the proper foundation of deontic logic. The present paper is an attempt to advance such an account of deontic logic using the formal apparatus of update semantics and dynamic logic. That is, we first define norm systems and a (...) semantics of norm performatives as transformations of the norm system. Then a static modal logic for norm propositions is defined on that basis. In the course of this exposition we stress the performative nature of (i) free choice permission, (ii) the sealing legal principle and (iii) the social nature of permission. That is, (i) granting a disjunctive permission means granting permission for both disjuncts; (ii) non-prohibition does not entail permission, but the authority can declare that whatever he does not forbid is thereby permitted; and (iii) granting permission to one person means that all others are committed to not prevent the invocation of that permission. (shrink)

The phrase _secundum quid et simpliciter_ is the Latin expression translating and labelling the sophism described by Aristotle as connected with the use of some particular expression “absolutely or in a certain respect and not in its proper sense.” This paper presents an overview of the analysis of this fallacy in the history of dialectics, reconstructing the different explanations provided in the Aristotelian texts, the Latin and medieval dialectical tradition, and the modern logical approaches. The _secundum quid_ emerges as a (...) strategy that is based on the pragmatic dimension of arguments, and in particular the complex passage from an utterance (what is said) to its logical form (a proposition in an argument). The medieval and modern logical theories attempted to explain from different philosophical perspectives how the pragmatically enriched semantic representation can be achieved, justified, and most importantly manipulated. The different analyses of this fallacy bring to light various dimensions of the pragmatics of arguments, and the complex interdependence between context, meaning, and inferences. (shrink)

Background: Biomedical research nowadays is increasingly carried out in multinational and multicenter settings. Due to disparate national regulations on various ethical aspects, such as informed consent, there is the risk of ethical compromises when involving human subjects in research. Although the Declaration of Helsinki is the point of reference for ethical conduct of research on humans, national normative requirements may diverge from its provisions. The aim of this research is to examine requirements on informed consent in biomedical research in Germany, (...) Poland, and Russia to determine how each national regulatory framework relates to the provisions of the Declaration of Helsinki. Methods: For this analysis, we conducted a search of the legal databases “Gesetze im Internet” for Germany, “Internetowy System Aktow Prawnych” for Poland, and “ГAPAHT – Garant” for Russia. The search was complemented by a review of secondary literature contained in the databases Google Scholar, PubMed, Polish National Library, and eLibrary ru. We have identified 21 normative regulations containing provisions on informed consent in clinical research in all three countries. The content of these documents was systematically categorized and analyzed. Results: The normative framework in all three countries shows a strong commitment towards the core ethical principles of research envisaged in the Declaration of Helsinki. Nevertheless, provisions on informed consent vary between these three countries. The differences range from the method and language in which information should be provided, through the amount of information required to be disclosed, to the form of documenting consent or withdrawal. In the case of research on vulnerable groups, these differences are particularly visible. Conclusions: The identified differences can negatively impact the ethical conduct of international clinical studies. Attention needs to be paid that flexibilities within national regulations are not misused to undermine the protection of research subjects. Achieving global or regional legislative harmonization might prove impossible. Such lack of legal consensus reinforces the significance of the international ethical agreements. (shrink)

The analysis of multimodal argumentation in advertising is a crucial and problematic area of research. While its importance is growing in a time characterized by images and pictorial messages, the methods used for interpreting and reconstructing the structure of arguments expressed through verbal and visual means capture only isolated dimensions of this complex phenomenon. This paper intends to propose and illustrate a methodology for the reconstruction and analysis of “double-mode” arguments in advertisements, combining the instruments developed in social semiotics, pragmatics, (...) and argumentation theory. An advertisement is processed through a five-step path. The analysis of its context, text genre, and images leads to a first representation of the messages that it encodes both pictorially and verbally (step 1). These first semantic representations are further enriched by including their polyphonic articulations and presuppositions (step 2), their explicatures (step 3), and their dialogical functions and illocutionary forces (step 4). These pragmatic steps retrieve the commitment structure of the ad, which allows a further argument analysis conducted through argumentation schemes (step 5). (shrink)

The speech-act approach to rules is commonplace in both Anglo-American and continental traditions of legal philosophy. Despite its pervasiveness, I argue in this paper that the approach is misguided and therefore intrinsically flawed. My critique identifies how speech-act theory provides an inadequate theoretical framework for the analysis of written discourse, a case in point being legal text. Two main misconceptions resulting from this misguided approach are the fallacy of synchronicity and the fallacy of a-discursivity. The former consists of (...) treating legal rules as if they were uttered and received in the same context, the latter consists of treating legal rules as relatively short, isolated sentences. Among the consequences of these fallacies are an excessive focus on the lawmakers’ semantic intentions and the neglect of the semantic and pragmatic complexity of rules as sets of utterances (discourses) -/- To redress these flaws, I propose analysing legal rules through the prism of complex text-acts. My paper presents the consequences of this revised approach for legal interpretation, supporting Joseph Raz's idea of minimal legislative intent. (shrink)

In recent work, Williamson has defended a suggestive account of assertion. Williamson claims that the following norm or rule (the knowledge rule) is constitutive of assertion, and individuates it: (KR) One must ((assert p) only if one knows p) Williamson is not directly concerned with the semantics of assertion-markers, although he assumes that his view has implications for such an undertaking; he says: “in natural languages, the default use of declarative sentences is to make assertions” (op. cit., 258). In this (...) paper I will explore Williamson’s view from this perspective, i.e., in the light of issues regarding the semantics of assertion-markers. I will end up propounding a slightly different account, on which, rather than KR, what is constitutive and individuating of assertion is an audience-involving transmission of knowledge rule: (TKR) One must ((assert p) only if one’s audience comes thereby to be in a position to know p) I will argue that TKR, of which KR is an illocutionary consequence (but not the other way around), has all the virtues that Williamson claims for his account and no new defect. (shrink)

Igal Kvart RATIONAL ASSERTIBILITY, THE STEERING ROLE OF KNOWLEDGE, AND PRAGMATIC ENCROACHMENT Abstract In the past couple of decades, there were a few major attempts to establish the thesis of pragmatic encroachment – that there is a significant pragmatic ingredient in the truth-conditions for knowledge-ascriptions. Epistemic contextualism has flaunted the notion of a conversational standard, and Stanley's subject-sensitive invariantism (SSI) promoted stakes, each of which, according to their proponents, play a major role as pragmatic components in the truth conditions of (...) knowledge ascriptions. These conceptions were propelled first and foremost by examples of knowledge ascriptions with obvious pragmatic aspects that seemed to require a pragmatic component in the truth-conditions of knowledge ascriptions in order to be accounted for. However, if such examples can be adequately explained not by pragmatic encroachment purely pragmatically, the central role that such examples play in supporting these accounts will be undermined. I lay out here a new pragmatic account, offering a different, purely pragmatic picture that explains such examples, and much more. If such an account and its associated explanations are adequate, then much of a need or a motivation for pragmatic encroachment is undermined. Specifically, I will develop the notion of rational assertibility, appealing to rational norms (which are not Gricean) as interfacing with semantic and epistemic (and other) norms to yield assertibility simpliciter. More importantly, I will argue for a well-entrenched pragmatic profile of knowledge, the so-called steering role of knowledge. Knowledge ascriptions, or simple assertions (that don't invoke the notion of knowledge), it will be argued, play a pragmatic role of steering audiences in joint deliberational setups to the speaker's preferred action by invoking an impending practical inference leading to that preferred action, and of ignoring incompatible alternatives. The recognition of rational forces as affecting, sometimes strongly and predominantly, intuitions associated with knowledge ascriptions, has important implications to philosophical methodology regarding what count as evidence for semantic features. One such lesson calls for securing examples with no significant rational forces at play in order to establish semantic features. Another calls attention to the ill-suitability of employing assertibility by figures in examples featuring deliberational setups for such a purpose in view of the role that such assertibility plays in reflecting rational aspects of such figures, in addition to their epistemic and semantic characteristics. Still another lesson points to a specific role that audiences play in such deliberational setups. (shrink)

Normative realists might be assumed to have few worries about semantics. After all, a realist might initially hope to simply adopt the best semantic theory about ordinary descriptive language. However, beginning with the non-cognitivist appropriation of the open question argument, a number of philosophers have posed serious objections to the realist’s ability to offer a plausible semantic theory. This paper introduces the two most influential semantic challenges to normative realism: the open question argument, and the Moral Twin Earth argument. It (...) explains the major replies to these challenges offered by realists, and locates these challenges within the broader debate over what sort of semantic theories might be plausible candidates for a normative realist to adopt. (shrink)

The Holy Scriptures can be considered a specific kind of normative texts, whose use to assess practical moral cases requires interpretation. In the field of ethics, this interpretative problem results in the necessity of bridging the gap between the normative source – moral precepts – and the specific cases. In the history of the Church, this problem was the core of the so-called casuistry, namely the decision-making practice consisting in applying the Commandments and other principles of the Holy Scriptures to (...) specific cases or moral problems. By taking into account the sin of lying, this paper argues that casuistic texts reveal an extremely sophisticated interpretative method, grounded on “pragmatic” contextual and communicative considerations and argumentative structures that resemble the ones used in legal interpretation. These works show how the underspecified biblical text expressing an abstract norm was enriched pragmatically by completing it and modulating its meaning so that it could be used to draw a conclusion in a specific context on a specific case. The mutual interdependence between biblical interpretation, pragmatics, and argumentation sheds light on a much broader phenomenon, namely the pragmatic nature of argumentation. (shrink)

This paper explores the possibility of a standard legal language (e.g. English) for a principled evolution of law in line with technological development. In doing so, reference is made to blockchain networks and smart contracts to emphasise the discontinuity with the liberal legal tradition when it comes to decentralisation and binary code language. Methodologically, the argument is built on the underlying relation between law, semiotics and new forms of media adding to natural language; namely: code and symbols. In (...) what follows, I will concentrate on the study of factors that explain why such approach can be fruitful for the future of law and innovation. I have three reasons for selecting this topic. The first is a more pragmatic reason, based on my current research of law as a linguistic phenomenon. Secondly, the topic does also touch the matter on binary code language, rivalrous to legal alphabetic language. Lastly, the study aims at emphasizing the pivotal role of the jurist as an interpreter in a changing society accommodating diverging realms of reality. The study is structured as follows. Firstly, a quick exam of the traits of blockchain networks would provide the contextual link to establish the arguments in support of the need of a standard legal language. Secondly, a comparison between liberal legal institutions and theory of semiotics is set to perceive their functioning and ascertain their limits in the light of todays unprecedented changes. Thirdly, a summary on blockchain networks’ legal features would constitute the thrust behind the idea of a uniform legal language. Methodologically, the argument does also establish some relations with classical laws of physics and philosophy of media. Its aim is to demonstrate how the suggested legal interpretation and semiotic-based approach can contribute to overcome existing stumbling blocks including, but not limited to, the lack of cooperation at the international level as well as the gap in State norms when it comes to innovation. In this sense, the proposed strategies do not intend to replace current advances in the legal thought. In contrast, it seeks to harmonise their results providing a methodical approach that can concur to inform a new technique to address new controversial issues. In practice, the proposed method regarding the adoption of a uniform legal language would lower transactive costs in terms of normative coordination in the matter of international cooperation and in the definition of applicable law among different legal systems. Alternatively, it might contribute to the convergence of legal systems and/or their underlying concepts. Differently put, article’s contribution can be envisaged in fostering juridical consistency with regards to different forms of languages’ coexistence. (shrink)

This paper argues that we need to re-think the semantics/pragmatics distinction in the light of new evidence from embedding of irony. This raises a new version of the old problem of ‘embedded implicatures’. I argue that embedded irony isn’t fully explained by solutions proposed for other embedded implicatures. I first consider two strategies: weak pragmatics and strong pragmatics. These explain embedded irony as truth-conditional content. However, by trying to shoehorn irony into said-content, they raise problems of their own. I conclude (...) by considering how a modified Gricean model can explain that irony embeds qua implicature. This leads us to prefer a local implicature model. This has important consequences for how we draw the semantics/pragmatics distinction. (shrink)

Legal norms are an invention. This paper advances a proposal about what kind of invention they are. The proposal is that legal norms derive from rules which specify role functions in a legal system. Legal rules attach to agents in virtue of their status within the system in which the rules operate. The point of legal rules or a legal system is to solve to large scale coordination problems, specifically the problem of organizing social (...) and economic life among a group of people and their successors, though not every legal rule pertains to a coordination problem. The framework for thinking about legal norms that I describe is a framework for thinking about institutions and policies more generally. The idea is to show that legal norms are a species of institutional norm. There are two central ideas. The first is the idea of a role in an institution. The second is the idea of proxy agency. Proxy agency involves one agent or group acting under the authorization of another agent or group (perhaps subsuming it) in a way that makes the actions of the proxy count as actions (under a description) of the individual or group for which it is a proxy. We get the characteristic structure of a legal system by conceiving of an institutional group, itself conceived of as a set of interlocking roles realized in individuals, as having one or more roles for proxy agents who are authorized by the group to make policy for the group. The set of rules governing the basic constitution of the group and spelling out the powers of the policy proxies determine fundamental norms for the group with specific role responsibilities attaching to particular positions in institutional arrangements. The policies determine further norms whose force derives from the fundamental norms. We must then say some further things to distinguish institutions and policies which we wish to designate as legal. (shrink)

n the philosophy of language, there are many ongoing controversies that stem from relying too heavily on an utterance-based framework. The traditional approach of rigidly partitioning the utterance’s meaning into what is grammatically determined from what is not may not fully capture the complexity of human language in real-world communicative contexts. To address this issue, we suggest shifting focus toward a broader analysis level encompassing conversations and discourses. From this broader perspective, it is possible to obtain a more integrated view (...) of how linguistic and extra-linguistic aspects dynamically interact and thus reconsider semantics/pragmatics dichotomy as complementary dimensions. Meaning is not confined to linguistic structures alone but emerges from the dynamic interplay of words, sociocultural knowledge, discursive situations, and psychological dispositions of speakers. Substantiating this perspective calls for embracing an interdisciplinary approach that synthesizes research from various domains, including linguistics, cognitive psychology, and philosophy of language. This paper focuses on a particularly compelling case study: aphasia. Speeches produced by individuals with aphasia represent complex scenarios where the balance between linguistic and extra-linguistic aspects is notably compromised, often to the former’s detriment. Aphasics’ productions represent a vivid example of how the interpretation of speeches can be far from involving fixed and static operations. Instead, it entails continuously reallocating cognitive resources toward the most readily available and accessible sources for the speakers. This case study ultimately demonstrates that the influence of semantic and pragmatic processes in shaping and conveying meanings displays remarkable adaptability, continuously adjusting to the ever changing demands placed upon speakers. -/- . (shrink)

One of the hottest philosophical debates in recent years concerns the nature of the semantics/pragmatics divide. Some writers have expressed the reserve that this might be merely terminological, but in my view it ultimately concerns a substantive issue with empirical implications: the scope and limits of a serious scientific undertaking, formal semantics. In this critical note I discuss two arguments by Recanati: his main methodological argument --viz. that the contents posited by what he calls 'literalists' play no relevant role in (...) communication--, and some phenomenological considerations regarding the "Availability Principle" that he appeals to in order to buttress that main argument. /// Uno de los más encarnizados debates filosóficos recientes atañe a la naturaleza de la distinción entre semántica y pragmática. Aunque algunos autores han expresado reservas en el sentido de que èste pudiera ser sólo terminológico, en mi opinión tiene que ver con una cuestión sustantiva con implicaciones empíricas: el alcance y los límites de una empresa científica seria, la semántica formal. En este texto discuto dos argumentos de Recanati: su principal argumento metodológico, que los contenidos postulados por los autores que él denomina "literalistas" no desempeñan ningùn papel relevante en la comunicación, y, en segundo lugar, ciertas consideraciones fenomenológicas en torno a su "Principio de Accesibilidad", a las cuales apela para apoyar el argumento metodológico. (shrink)

This article focuses on issues relating to legal normativity, emphasizing the way these matters have been elaborated in the works of Kelsen and Hart and later commentators on their theories. First, in Section 2, the author offers a view regarding the nature of law and legal normativity focusing on Kelsen's work (at least one reasonable reading of it). The argument is that the Basic Norm is presupposed when a citizen chooses to read the actions of legal officials (...) in a normative way. In this Kelsenian approach, all normative systems are structurally and logically similar, but each normative system is independent of every other system – thus, law is, in this sense, conceptually separate from morality. Second, in Section 3, the author turns to Hart's theory, analyzing the extent to which his approach views legal normativity as sui generis. This approach raises questions regarding what has become a consensus view in contemporary jurisprudence: that law makes moral claims. The author shows how a more deflationary (and less morally-flavored) understanding of the nature of law is tenable, and may, in fact, work better than current conventional (morality-focused) understandings. (shrink)

Commentary on Peter Olen's book "Wilfrid Sellars and the Foundations of Normativity", originally prepared for an 'Author Meets Critics' session organized by Carl Sachs for the Eastern Division Meeting of the APA in Savannah, Georgia, on 5th January, 2018.

Review of the book "Robert Brandom's Normative Inferentialism" by Giacomo Turbanti.

In this response to eight commentaries on my article “Kelsen, Hart, and legal normativity” I clarify some points in my original analysis and agree with some comments regarding work that still needs to be done. In particular, I attempt to distinguish my position from both Berkeleyan idealism and mere subjective perception. I agree with the commentators who urge that more must be done to analyze the nature of normativity in general, and legal normativity in particular.

This paper discusses the proper taxonomy of the semantics-pragmatics divide. Debates about taxonomy are not always pointless. In interesting cases taxonomic proposals involve theoretical assumptions about the studied field, which might be judged correct or incorrect. Here I want to contrast an approach to the semantics-pragmatics dichotomy, motivated by a broadly Gricean perspective I take to be correct, with a contemporary version of an opposing “Wittgensteinian” view. I will focus mostly on a well-known example: the treatment of referential uses of (...) descriptions and descriptive uses of indexicals. The paper is structured as follows. I will start by characterizing in the first section the version of the Gricean approach I favor; in the second section, I will illustrate the differences between the two views by focussing on the example, and in the third section I will object to what I take to be the main Wittgensteinian consideration. (shrink)

The semantics of racial slurs has recently become a locus of debate amongst philosophers. While everyone agrees that slurs are offensive, there is disagreement about the linguistic mechanism responsible for this offensiveness. This paper places the debate about racial slurs into the context of a larger issue concerning the interface between semantics and pragmatics, and argues that even on minimalist assumptions, the offensiveness of slur words is more plausibly due to their semantic content rather than any pragmatic mechanism. Finally, I (...) note that slurs make a good test case for expanding our semantic theories beyond the truth conditional tradition of Frege, which will be necessary in order to broaden the types of expressions handled by semantic theories. (shrink)

Within the philosophy of language, contextualists typically hold (and semantic minimalists deny) that pragmatic elements of an utterance can affect its semantic content. This paper concretizes this debate by analogizing both positions to different kinds of time-travel stories: contextualism is akin to Ludovician narratives that deny the possibility of temporal editing (or “the changing of past events”) while semantic minimalism is aligned with stories that allow the past to be literally altered. By focusing particularly on Denis Villeneuve’s 2016 film Arrival, (...) which portrays a Ludovician model of temporality that firmly denies the possibility of temporal editing, this paper defends the strength of the contextualist position. (shrink)

This chapter discusses two different issues about the relationship between legal positivism and robust normativity (understood as the most authoritative kind of normativity to which we appeal). First, the chapter argues that, in many contexts when discussing “legal positivism” and “legal antipositivism”, the discussion should be shifted from whether legal facts are ultimately partly grounded in moral facts to whether they are ultimately partly grounded in robustly normative facts. Second, the chapter explores an important difference within (...) the kinds of arguments that legal philosophers give for the (purported) truth of legal positivism. The difference concerns whether (purportedly) robustly normative facts are appealed to as premises in those arguments or not. (A closely connected issue is whether (purportedly) normative facts that bear one or more important connections to robustly normative facts are appealed to in premises to those arguments.) The chapter argues that thinking about this dividing line helps people better situate the positivist/antipositivist dispute, better understand the space of views in legal philosophy, better evaluate those views, and avoid having merely verbal disputes. (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)

My paper examines the popular idea, defended by Kripke, that meaning is an essentially normative notion. I consider four common versions of this idea and suggest that none of them can be supported, either because the alleged normativity has nothing to do with normativity or because it cannot plausibly be said that meaning is normative in the sense suggested. I argue that contrary to received opinion, we don’t need normativity to secure the possibility of meaning. I conclude by considering the (...) repercussions of rejecting semantic normativity on three central issues: justification, communication, and naturalism. (shrink)

The availability of the defence of belief in consent under section 265(4) is a question of law, subject to review on appeal. The statutory provision is based on the common law rule that applies to all defences. Consideration of the defence when it is unavailable in law and failure to consider it when it is available are both incorrect. A judge is most likely to avoid error when ruling on availability of the defence if the ruling: (1) is grounded (...) on sound analysis of the substantive basis for the defence and its relationship to the principles of criminal responsibility; and (2) uses precise legal criteria to govern practical application of section 265(4) to the evidence in specific cases. The guidelines proposed in Part I are based on analyses of the substantive defence and culpable awareness and were developed to ensure that appropriate criteria are properly used when section 265(4) is applied. When a trial judge rules that the defence is available in law, the trier of fact must determine whether the defence is available on the facts as found, based on the evidence in the case. The model jury instructions proposed in Part II are designed to ensure that deliberations by the trier of fact are also guided and shaped by appropriate legal criteria. At both stages, the objective is to ground the deliberation process on fact, not fiction, and to regulate the exculpatory effect of the defence by using legal norms to exclude excuses based on extra-legal considerations such as sexual/racial fantasy, stereotype and myth, or community attitudes and custom. (shrink)

Studies of several languages, including Swahili [swa], suggest that realis (actual, realizable) and irrealis (unlikely, counterfactual) meanings vary along a scale (e.g., 0.0–1.0). T-values (True, False) and P-values (probability) account for this pattern. However, logic cannot describe or explain (a) epistemic stances toward beliefs, (b) deontic and dynamic stances toward states-of-being and actions, and (c) context-sensitivity in conditional interpretations. (a)–(b) are deictic properties (positions, distance) of ‘embodied’ Frames of Reference (FoRs)—space-time loci in which agents perceive and from which they contextually (...) act (Rohrer 2007a, b). I argue that the embodied FoR describes and explains (a)–(c) better than T-values and P-values alone. In this cognitive-functional-descriptive study, I represent these embodied FoRs using Unified Modeling Language (UML) mental spaces in analyzing Swahili conditional constructions to show how necessary, sufficient, and contributing conditions obtain on the embodied FoR networks level. (shrink)

This paper overviews some recent work on the semantics and pragmatics of arguments.

Complex demonstratives, expressions of the form 'That F', 'These Fs', etc., have traditionally been taken to be referring terms. Yet they exhibit many of the features of quantified noun phrases. This has led some philosophers to suggest that demonstrative determiners are a special kind of quantifier, which can be paraphrased using a context sensitive definite description. Both these views contain elements of the truth, though each is mistaken. We advance a novel account of the semantic form of complex demonstratives that (...) shows how to reconcile the view that they function like quantified noun phrases with the view that simple demonstratives function as context sensitive referring terms wherever they occur. If we are right, previous accounts of complex demonstratives have misconceived their semantic role; and philosophers relying on the majority view in employing complex demonstratives in analysis have proceeded on a false assumption. (shrink)

We defend a contextualist account of deontic judgments as relativized both to (i) information and to (ii) standards or ends, against recent objections that turn on practices of moral disagreement. Kolodny & MacFarlane argue that information-relative contextualism cannot accommodate the connection between deliberation and advice; we suggest in response that they misidentify the basic concerns of deliberating agents. For pragmatic reasons, semantic assessments of normative claims sometimes are evaluations of propositions other than those asserted. Weatherson, Schroeder and others have raised (...) parallel objections to standard-relative contextualism; we argue for a parallel solution. (shrink)

Review of Graeme Laurie, Genetic Privacy.

This paper develops an account of the meaning of `ought', and the distinction between weak necessity modals (`ought', `should') and strong necessity modals (`must', `have to'). I argue that there is nothing specially ``strong'' about strong necessity modals per se: uses of `Must p' predicate the (deontic/epistemic/etc.) necessity of the prejacent p of the actual world (evaluation world). The apparent ``weakness'' of weak necessity modals derives from their bracketing whether the necessity of the prejacent is verified in the actual world. (...) `Ought p' can be accepted without needing to settle that the relevant considerations (norms, expectations, etc.) that actually apply verify the necessity of p. I call the basic account a modal-past approach to the weak/strong necessity modal distinction (for reasons that become evident). Several ways of implementing the approach in the formal semantics/pragmatics are critically examined. The account systematizes a wide range of linguistic phenomena: it generalizes across flavors of modality; it elucidates a special role that weak necessity modals play in discourse and planning; it captures contrasting logical, expressive, and illocutionary properties of weak and strong necessity modals; and it sheds light on how a notion of `ought' is often expressed in other languages. These phenomena have resisted systematic explanation. In closing I briefly consider how linguistic inquiry into differences among necessity modals may improve theorizing on broader philosophical issues. (shrink)

There has frequently been taken to be a tension, if not an incompatibility, between "externalist" theories of content (which allow the make-up of one's physical environment and the linguistic usage of one's community to contribute to the contents of one's thoughts and utterances) and the "methodologically individualist" intuition that whatever contributes to the content of one's thoughts and utterances must ultimately be grounded in facts about one's own attitudes and behavior. In this dissertation I argue that one can underwrite such (...) externalist theories within a methodologically individualistic framework by understanding semantic norms in terms of the need to reach, for each of one's terms, a type of "equilibrium." Each speaker's commitment to making her _own_ beliefs and applications consistent allows one to incorporate these 'external' factors into the contents of their thoughts and utterances in a way that remains methodologically individualistic. Methodologically individualistic accounts are typically taken to be unable to incorporate 'external' factors such as the world's physical make-up or communal usage because of arguments suggesting that the individual's own beliefs and usage underdetermine or even misidentify what, according to externalist accounts, they mean by their terms. These arguments, however, only seem plausible if one presupposes a comparatively impoverished conception of the individual's beliefs. The beliefs a speaker associates with a given term extend far beyond the handful of sentences they would produce if asked to list such beliefs. In particular, speakers have an implicit, but rich, understanding of their language, their world, and the relation between them. Speakers typically understand languages as shared temporally extended practices about which they can be, both individually and collectively, mistaken. Once this conception of language is taken into account, the ascriptions which purportedly forced 'non-individualistic' conceptions of content upon us (particularly ascriptions which seemed to tie what we meant to social use rather than our own beliefs) turn out to be ultimately grounded in the individual's own beliefs. Indeed, our self-conception does much more than merely underwrite 'non-individualistic' ascriptions.. (shrink)