Overview
- Presents a groundbreaking approach to legal pragmatics
- Unveils the mechanisms behind courts’ decisions
- Demonstrates an unique and novel approach to the meaning of legal implicatures
Part of the book series: Law and Philosophy Library (LAPS, volume 127)
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Table of contents (7 chapters)
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Front Matter
Keywords
About this book
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 (without substantial modification) 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.
Authors and Affiliations
About the author
Bibliographic Information
Book Title: Implicatures within Legal Language
Authors: Izabela Skoczeń
Series Title: Law and Philosophy Library
DOI: https://doi.org/10.1007/978-3-030-12532-5
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer Nature Switzerland AG 2019
Hardcover ISBN: 978-3-030-12531-8Published: 04 July 2019
Softcover ISBN: 978-3-030-12534-9Published: 28 October 2020
eBook ISBN: 978-3-030-12532-5Published: 14 June 2019
Series ISSN: 1572-4395
Series E-ISSN: 2215-0315
Edition Number: 1
Number of Pages: IX, 172
Topics: Theories of Law, Philosophy of Law, Legal History, Philosophy of Law, Philosophy of Language