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Law and Philosophy Library

Implicatures within Legal Language

Authors: Skoczeń, Izabela

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  • Presents a groundbreaking approach to legal pragmaticsUnveils the mechanisms behind courts’ decisionsDemonstrates an unique and novel approach to the meaning of legal implicatures

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eBook $89.00
price for USA in USD (gross)
  • ISBN 978-3-030-12532-5
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
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  • Immediate eBook download after purchase
Hardcover $119.99
price for USA in USD
  • ISBN 978-3-030-12531-8
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
About this book

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 (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.

About the authors

Izabela Skoczeń is a researcher at the Department of Legal Theory, Jagiellonian University in Cracow. She works on the application of theories from the philosophy of language to elucidate issues in jurisprudence.

Table of contents (7 chapters)

Table of contents (7 chapters)

Buy this book

eBook $89.00
price for USA in USD (gross)
  • ISBN 978-3-030-12532-5
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $119.99
price for USA in USD
  • ISBN 978-3-030-12531-8
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
Implicatures within Legal Language
Authors
Series Title
Law and Philosophy Library
Series Volume
127
Copyright
2019
Publisher
Springer International Publishing
Copyright Holder
Springer Nature Switzerland AG
eBook ISBN
978-3-030-12532-5
DOI
10.1007/978-3-030-12532-5
Hardcover ISBN
978-3-030-12531-8
Series ISSN
1572-4395
Edition Number
1
Number of Pages
IX, 172
Topics