<p>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
Pragmatics and Law: Practical and Theoretical Perspectives
β Scribed by Francesca Poggi, Alessandro Capone (eds.)
- Publisher
- Springer International Publishing
- Year
- 2017
- Tongue
- English
- Leaves
- 479
- Series
- Perspectives in Pragmatics, Philosophy & Psychology 10
- Edition
- 1
- Category
- Library
No coin nor oath required. For personal study only.
β¦ Synopsis
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?
β¦ Table of Contents
Front Matter....Pages i-xiv
Front Matter....Pages 1-1
Slippery Meaning and Accountability....Pages 3-22
Implicitness in Normative Texts....Pages 23-42
What Inferentialism Tells Us About Combinatory Vagueness in Law....Pages 43-66
On the Possibility of Non-literal Legislative Speech....Pages 67-101
The Pragmatics of Scepticism....Pages 103-132
Doubting Legal Language: Interpretive Skepticism and Legal Practice....Pages 133-163
Legal Text and Pragmatics: Semantic Battles or the Power of the Declarative in Specialized Discourse....Pages 165-192
Front Matter....Pages 193-193
A Puzzle About Hartβs Theory of Internal Legal Statements....Pages 195-221
Can Metalinguistic Negotiations and βConceptual Ethicsβ rescue legal positivism?....Pages 223-241
The Dark Side of Imperatives....Pages 243-271
Disputable Means: Pragmatic Knowledge Practices in Sovereign Debt Agreements. Reflections on the Argentinian Case....Pages 273-291
The Role of Pragmatics in the Web of Data....Pages 293-330
Front Matter....Pages 331-331
Pragmatics of Adjudication. In the Footsteps of Alf Ross....Pages 333-348
Pragmatic Disorders in Forensic Settings....Pages 349-377
The Pragmatics of Stereotypes in Legal Decision-Making....Pages 379-399
Epistemic Stance in Courtroom Interaction....Pages 401-437
Assessing Testimony and Other Evidential Sources in Law: An Epistemological Approach....Pages 439-468
Back Matter....Pages 469-476
β¦ Subjects
Semantics;Philosophy of Language;Philosophy of Law
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