Implicatures within legal language / Izabela Skoczeń.
2019
K213
Linked e-resources
Linked Resource
Online Access
Concurrent users
Unlimited
Authorized users
Authorized users
Document Delivery Supplied
Can lend chapters, not whole ebooks
Details
Title
Implicatures within legal language / Izabela Skoczeń.
Author
Skoczeń, Izabela, author.
ISBN
9783030125325 (electronic book)
3030125327 (electronic book)
9783030125318
3030125327 (electronic book)
9783030125318
Published
Cham, Switzerland : Springer, [2019]
Language
English
Description
1 online resource.
Call Number
K213
Dewey Decimal Classification
340/.14
Summary
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 Marmors "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.
Bibliography, etc. Note
Includes bibliographical references.
Access Note
Access limited to authorized users.
Source of Description
Online resource; title from PDF title page (viewed June 19, 2019).
Series
Law and philosophy library ; v. 127.
Linked Resources
Online Access
Record Appears in
Online Resources > Ebooks
All Resources
All Resources
Table of Contents
Introduction
The Strategic Principle And The Maxim Of Selectivity
Post Gricean Implicature Theories And Their Relevance For The Legal Realm
Propositionalism And The Law
The Meaning Of Law
The Exchange Between Legislature And Courts
Examples Of Strategic Behavior From The Polish Legal System
General Conclusions.
The Strategic Principle And The Maxim Of Selectivity
Post Gricean Implicature Theories And Their Relevance For The Legal Realm
Propositionalism And The Law
The Meaning Of Law
The Exchange Between Legislature And Courts
Examples Of Strategic Behavior From The Polish Legal System
General Conclusions.