The volume Legal Pragmatics is a contribution to the interface between language and law. It looks at how the principles of language use can be beneficial to clarifying legal issues, its twelve chapters (together with the Introduction) offering a wide spectrum of the latest approaches to the area of legal pragmatics. The four chapters in the first section are devoted to historical pragmatics and take a diachronic look at old courtroom records. Written legal language is also the focus of the four chapters in the next section, dealing with the pragmatics of modern legal writing. The chapters in the third section, devoted to modern legal language, touch upon both the discourse in the courtroom and in police investigation. Finally, the two chapters in the last section on legal discourse and multilingualism address a topic very relevant to the modern era of globalisation -- the position of legal discourse in multilingual contexts.

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.

In legal interpretation, where does meaning come from? Law is made from language, yet law, unlike other language-related disciplines, has not so far experienced its "pragmatic turn" towards inference and the construction of meaning. This book investigates to what extent a pragmatically based view of l linguistic and legal interpretation can lead to new theoretical views for law and, in addition, to practical consequences in legal decision-making. With its traditional emphasis on the letter of the law and the immutable stability of a text as legal foundation, law has been slow to take the pragmatic perspective: namely, the language-user 's experience and activity in making meaning. More accustomed to literal than to pragmatic notions of meaning, that is, in the text rather than constructed by speakers and hearers the disciplines of law may be culturally resistant to the pragmatic turn. By bringing together the different but complementary perspectives of pragmaticians and lawyers, this book addresses the issue of to what extent legal meaning can be productively analysed as deriving from resources beyond the text, beyond the letter of the law. This collection re-visits the feasibility of the notion of literal meaning for legal interpretation and, at the same time, the feasibility of pragmatic meaning for law. Can explications of pragmatic meaning support court actions in the same way concepts of literal meaning have traditionally supported statutory interpretations and court judgements? What are the consequences of a user-based view of language for the law, in both its practices of interpretation and its definition of itself as a field? Readers will find in this collection means of approaching such questions, and promising routes for inquiry into the genre- and field-specific characteristics of inference in law. In many respects, the problem of literal vs. pragmatic meaning confined to the text vs. reaching beyond it will appear to parallel the dichotomy in law between textualism and intentionalism. There are indeed illuminating connections between the pair of linguistic terms and the more publicly controversial legal ones. But the parallel is not exact, and the linguistic dichotomy is in any case anterior to the legal one. Even as linguistic-pragmatic investigation may serve legal domains, the legal questions themselves point back to central conditions of all linguistic meaning.

This volume is the second part of a project which hosts an interdisciplinary discussion about the relationship among law and language, legal practice and ordinary conversation, legal philosophy and the linguistics sciences. An international group of authors, from cognitive science, philosophy of language and philosophy of law question about how legal theory and pragmatics can enrich each other. In particular, the first part is devoted to the analysis of how pragmatics can solve problems related to legal theory: What can pragmatics teach about the concept of law and its relationship with moral, and, in particular, about the eternal dispute between legal positivism and legal naturalism? What can pragmatics teach about the concept of law and/or legal disagreements? The second part is focused on legal adjudication: it aims to construct a pragmatic apparatus appropriate to legal trial and/or to test the tenure of the traditional pragmatics tools in the field. The authors face questions such as: Which interesting pragmatic features emerge from legal adjudication? What pragmatic theories are better suited to account for the practice of judgment or its particular aspects (such as the testimony or the binding force of legal precedents)? Which pragmatic and socio-linguistic problems are highlighted by this practice?

This volume highlights important aspects of the complex relationship between common language and legal practice. It hosts an interdisciplinary discussion between cognitive science, philosophy of language and philosophy of law, in which an international group of authors aims to promote, enrich and refine this new debate. Philosophers of law have always shown a keen interest in cognitive science and philosophy of language in order to find tools to solve their problems: recently this interest was reciprocated and scholars from cognitive science and philosophy of language now look to the law as a testing ground for their theses. Using the most sophisticated tools available to pragmatics, sociolinguistics, cognitive sciences and legal theory, an interdisciplinary, international group of authors address questions like: Does legal interpretation differ from ordinary understanding? Is the common pragmatic apparatus appropriate to legal practice? What can pragmatics teach about the concept of law and pervasive legal phenomena such as testimony or legal disagreements?

Pragmatism and Law provides a textual reading of the American legal discourse, as it unfolds through various genres of pragmatism, which evolve and transform during the twentieth century. The historical narrative, which the book weaves, traces the transformation of the pragmatic idea from the forefront of philosophical intellectual inquiries at the turn of the twentieth century to a common sense lawyers’ practical rule of action at the turn of the twenty-first century. During this sequence, a fresh look at American history and legal history in particular is offered through the emphasis on recurring discursive structures which assume incommensurable treatments of basic liberal notions like justice, politics, and truth. Underlying the writing is an interpretative mode of inquiry, based on European post-structural methodologies, while claiming to represent their next intellectual phase. This contemporary mode of inquiry is that of a reading which insists on healing through the paradoxes. It is the same mode that sets, in the author’s view, the updated interpretative model of dispute resolution studies.

Concise Encyclopedia of Pragmatics, Second Edition (COPE) is an authoritative single-volume reference resource comprehensively describing the discipline of pragmatics, an important branch of natural language study dealing with the study of language in it's entire user-related theoretical and practical complexity. As a derivative volume from Encyclopedia of Language and Linguistics, Second Edition, it comprises contributions from the foremost scholars of semantics in their various specializations and draws on 20+ years of development in the parent work in a compact and affordable format. Principally intended for tertiary level inquiry and research, this will be invaluable as a reference work for undergraduate and postgraduate students as well as academics inquiring into the study of meaning and meaning relations within languages. As pragmatics is a centrally important and inherently cross-cutting area within linguistics, it will therefore be relevant not just for meaning specialists, but for most linguistic audiences. - Edited by Jacob Mey, a leading pragmatics specialist, and authored by experts - The latest trends in the field authoritatively reviewed and interpreted in context of related disciplines - Drawn from the richest, most authoritative, comprehensive and internationally acclaimed reference resource in the linguistics area - Compact and affordable single volume reference format

This volume brings together distinguished scholars from all over the world to present an authoritative, thorough, and yet accessible state-of-the-art survey of current issues in pragmatics. Following an introduction by the editor, the volume is divided into five thematic parts. Chapters in Part I are concerned with schools of thought, foundations, and theories, while Part II deals with central topics in pragmatics, including implicature, presupposition, speech acts, deixis, reference, and context. In Part III, the focus is on cognitively-oriented pragmatics, covering topics such as computational, experimental, and neuropragmatics. Part IV takes a look at socially and culturally-oriented pragmatics such as politeness/impoliteness studies, cross- and intercultural, and interlanguage pragmatics. Finally, the chapters in Part V explore the interfaces of pragmatics with semantics, grammar, morphology, the lexicon, prosody, language change, and information structure. The Oxford Handbook of Pragmatics will be an indispensable reference for scholars and students of pragmatics of all theoretical stripes. It will also be a valuable resource for linguists in other fields, including philosophy of language, semantics, morphosyntax, prosody, psycholinguistics, and sociolinguistics, and for researchers and students in the fields of cognitive science, artificial intelligence, computer science, anthropology, and sociology.

The Routledge Handbook of Pragmatics provides a state-of-the-art overview of the wide breadth of research in pragmatics. An introductory section outlines a brief history, the main issues and key approaches and perspectives in the field, followed by a thought-provoking introductory chapter on interdisciplinarity by Jacob L. Mey. A further thirty-eight chapters cover both traditional and newer areas of pragmatic research, divided into four sections: Methods and modalities Established fields Pragmatics across disciplines Applications of pragmatic research in today’s world. With accessible, refreshing descriptions and discussions, and with a look towards future directions, this Handbook is an essential resource for advanced undergraduates, postgraduates and researchers in pragmatics within English language and linguistics and communication studies.

Combining pragmatics, dialectics, analytics, and legal theory, this work translates interpretative canons into patterns of natural argument.