Implicatures within legal language / Izabela Skoczeń.
Skoczeń, Izabela, author.
2019
K213
Available Online

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Title Implicatures within legal language / Izabela Skoczeń.
Author Skoczeń, Izabela, author.
ISBN 9783030125325 (electronic book)
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.
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Record Appears in Online Resources > Ebooks
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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.

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