The pragmatics of legal language

Ratio Juris 21 (4):423-452 (2008)
  Copy   BIBTEX

Abstract

The purpose of this essay is to explore some of the main pragmatic aspects of communication within the legal context. It will be argued that in some crucial respects, the pragmatics of legal language is unique, involving considerations that are not typically present in ordinary conversational contexts. In particular, certain normative considerations that are typically settled in a regular conversational context are unresolved and potentially contentious in the legal case. On the other hand, the essay also argues that a careful distinction between various pragmatic aspects of language use enables us to offer some generalizations about types of pragmatic enrichment that could be taken to form, or not to form, part of what is actually determined by legal expressions.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 92,611

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Analytics

Added to PP
2009-01-28

Downloads
277 (#74,584)

6 months
23 (#122,477)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Andrei Marmor
Cornell University

Citations of this work

Normativity in Language and Law.Alex Silk - 2019 - In Toh Kevin, Plunkett David & Shapiro Scott (eds.), Dimensions of Normativity: New Essays on Metaethics and Jurisprudence. New York: Oxford University Press.
Modelling Perjury: Between Trust and Blame.Izabela Skoczeń - 2021 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 35 (2):771-805.
Law and Conversational Implicatures.Francesca Poggi - 2011 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 24 (1):21-40.

View all 23 citations / Add more citations

References found in this work

Demonstratives: An Essay on the Semantics, Logic, Metaphysics and Epistemology of Demonstratives and other Indexicals.David Kaplan - 1989 - In Joseph Almog, John Perry & Howard Wettstein (eds.), Themes From Kaplan. Oxford University Press. pp. 481-563.
Studies in the way of words.Herbert Paul Grice - 1989 - Cambridge: Harvard University Press.
Taking rights seriously.Ronald Dworkin (ed.) - 1977 - London: Duckworth.
Themes From Kaplan.Joseph Almog, John Perry & Howard Wettstein (eds.) - 1989 - New York: Oxford University Press.

View all 24 references / Add more references