The interpretation and the indirect reporting of a speaker’s communicative intentions lie at the crossroad between pragmatics, argumentation theory, and forensic linguistics. Since the leading case Masson v. New Yorker Magazine, Inc., in the United States the legal problem of determining the truth of a quotation is essentially equated with the correctness of its indirect reporting, i.e. the representation of the speaker’s intentions. For this reason, indirect reports are treated as interpretations of what the speaker intends to communicate. Theoretical considerations, (...) aimed at establishing the pragmatic meaning of an utterance and differentiating between presumptive and non-presumptive interpretation, are thus interwoven with the practical legal need of distinguishing a correct indirect report from an indirect one or a misquotation. An incorrect report or a misquotation has the dialectical effect of attributing to the misquoted party commitments that he never held, which the latter needs to rebut. This shifting of the burden of persuasion can be increased by using strategically the conflict between the presumptive interpretation of an utterance and the non-presumptive one, i.e. the different types of pragmatic ambiguity. When an interpreter is confronted with an utterance taken out of its dialogical context, his interpretative process is not guided by the actual context or intention, but rather the most frequent or prototypical dialogical setting or the most typical individual purpose that it could have served to achieve. This presumptive reconstruction can be used to provide a prima facie case that the other party needs to reject. The stronger the interpretative presumptions a speaker needs to rebut, the more effective the misquotation strategy. The conflict between the systematic and the presumptive process of interpretation can be represented as an argumentative mechanism of reconstruction of the individual intention, which allows one to assess the reasonableness of the interpretative reasoning. (shrink)

This paper investigates the emotive (or expressive) meaning of words commonly referred to as “loaded” or “emotive,” which include slurs, derogative or pejorative words, and ethical terms. We claim that emotive meaning can be reinterpreted from a pragmatic and argumentative perspective, which can account for distinct aspects of ethical terms, including the possibility of being modified and its cancellability. Emotive meaning is explained as a defeasible and automatic or automatized evaluative and intended inference commonly associated with the use of specific (...) terms, which can be represented and assessed considering its logical structure and its defeasibility conditions. This automatic inference is conceived as part of the connotation of an ethical term, and is not necessarily stable. By means of quasi-definitions, it is possible to modify the emotive meaning while maintaining the descriptive one, automaticizing the inferences drawn from an ethical word. Through examples drawn from the recent US presidential campaign, we show how re-contextualization and emotive contexts can affect emotive meaning. (shrink)

The importance of speech acts for analyzing and evaluating argumentation in cases where it is suspected that the ad baculum fallacy has been committed is demonstrated in this paper by using a typical textbook example of this fallacy. It is shown how the argument in the example can be analyzed and evaluated using the devices of Gricean implicature and indirect speech acts. It is shown how these two devices can be applied to extrapolate the evidence furnished by the text and (...) dialectical context of the example. (shrink)

The fields of linguistic pragmatics and legal interpretation are deeply interrelated. The purpose of this paper is to show how pragmatics and the developments in argumentation theory can contribute to the debate on legal interpretation. The relation between the pragmatic maxims and the presumptions underlying the legal canons are brought to light, unveiling the principles that underlie the types of argument usually used to justify a construction. The Gricean maxims and the arguments of legal interpretation are regarded as presumptions subject (...) to default used to justify an interpretation. This approach can allow one to trace the different legal interpretive arguments back to their basic underlying presumptions, so that they can be compared, ordered, and assessed according to their defeasibility conditions. This approach allows one to understand the difference between various types of interpretive canons, and their strength in justifying an interpretation. (shrink)

Douglas Walton’s work is extremely vast, multifaceted, and interdisciplinary. He developed theoretical proposals that have been used in disciplines that are not traditionally related to philosophy, such as law, education, discourse analysis, artificial intelligence, or medical communication. Through his papers and books, Walton redefined the boundaries not only of argumentation theory, but also logic and philosophy. He was a philosopher in the sense that his interest was developing theoretical models that can help explain reality, and more importantly interact with it. (...) For this reason, he proposed methods that have been used for analyzing different types of dialogical interactions, and modeling procedures for regulating them. (shrink)

The problem of establishing the best interpretation of a speech act is of fundamental importance in argumentation and communication in general. A party in a dialogue can interpret another’s or his own speech acts in the most convenient ways to achieve his dialogical goals. In defamation law this phenomenon becomes particularly important, as the dialogical effects of a communicative move may result in legal consequences. The purpose of this paper is to combine the instruments provided by argumentation theory with the (...) advances in pragmatics in order to propose an argumentative approach to meaning reconstruction. This theoretical proposal will be applied to and tested against defamation cases at common law. Interpretation is represented as based on a hierarchy of interpretative presumptions. On this view, the development of the logical form of an utterance is regarded as the result of an abductive pattern of reasoning in which various types of presumptions are confronted and the weakest ones are excluded. Conflicts of interpretations and equivocation become essentially interwoven with the dialectical problem of fulfilling the burden of defeating a presumption. The interpreter has a burden of explaining why a given presumption is subject to default, assuming that the speaker is reasonable and acting based on a set of shared expectations. (shrink)

Here, I focus on deviations of intent, from that expressed by the standard or ordinary use of language, in instances where abductive reasoning plays a necessary role. In such cases, speakers usually utter some “mysterious” words based on the assumed abductive capability of their interlocutors. In order to cause the desired effect in the audience, the speaker relies on the hearer’s knowledge of the relevant common dialogue framework and thus uses the utterance as an abductive trigger. For purposes of explanation, (...) I present a curious kind of fallacy: ironic fallacy. (shrink)

Cancellability is an essential feature of implicatures. However, its reliability has been challenged by several cases and examples in which conversational implicatures seem to be hard or even impossible to cancel. Should it then be concluded that not all implicatures are cancellable, and therefore Grice's cancellability test should be weakened or abandoned? The present paper addresses this problem by drawing a distinction between theoretical and practical cancellability, where the latter concept captures the (un)reasonableness of explicit or contextual cancellation. By analyzing (...) three legal cases of misleading advertising, I show how the indefensibility of an interpretation can account for the practical uncancellability of an implicature. To explain and account for the reasonableness of an interpretation, the presumptive inferences involved must be reconstructed and evaluated considering different dimensions, such as the conversational context and the associated presumptions. (shrink)

The phenomenon of presupposition suspension can be analyzed in terms of explicatures and the corresponding non-presumptive interpretative reasoning underlying it. On the view presented in this paper, the polyphonic articulation of an utterance at different levels can be used to explain cases in which presuppositions are suspended. Presuppositional suspensions indicate that the presumptive reading does not hold and a different interpretation is needed. Utterances can display various types of polyphonic structures, accounting for the speaker’s and the hearer’s commitments. A speaker (...) can be held directly responsible for what he says, but he is committed only indirectly to what he presupposes, i.e. what is uttered by a second voice (the second utterer or enunciator) representing what the common opinion accepts to be true. The reconstruction of the pragmatic structure of an utterance is guided by a complex type of reasoning, which can be represented as an argumentative abductive pattern, grounded on hierarchies of presumptions. By comparing the possible presumptions associated with the explicit meaning and the contextual information, the hearer can find a best possible explanation of the intended effect of the utterance. (shrink)

This paper builds a nine-step method for determining whether a straw man fallacy has been committed in a given case or not, by starting with some relatively easy textbook cases and moving to more realistic and harder cases. The paper shows how the type of argument associated with the fallacy can be proved to be a fallacy in a normative argumentation model, and then moves on to the practical task of building a hands-on method for applying the model to real (...) examples of argumentation. Insights from linguistic pragmatics are used to distinguish the different pragmatic processes involved in reconstructing what is said and what is meant by an utterance, and to differentiate strong and weak commitments. In particular, the process of interpretation is analyzed in terms of an abductive pattern of reasoning, based on co-textual and contextual information, and assessable through the instruments of argumentation theory. (shrink)

The notions of inference and default are used in pragmatics with different meanings, resulting in theoretical disputes that emphasize the differences between the various pragmatic approaches. This paper is aimed at showing how the terminological and theoretical differences concerning the two aforementioned terms result from taking into account inference and default from different points of view and levels of analysis. Such differences risk making a dialogue between the theories extremely difficult. However, at a functional level of analysis the different theories, (...) definitions, and approaches to interpretation can be compared and integrated. At this level, the standardization of pragmatic inferences can be regarded as the development of a specific type of presumptions, used to draw prima-facie interpretations. (shrink)

The purpose of this paper is to show how micro-argumentation mechanisms of presumptive reasoning and reasoning from best explanation can be used for explaining some cases of presupposition cancellation. It will be shown how the relationship between presupposition triggers and pragmatic presuppositions can be analyzed in terms of presumptive and non-presumptive polyphonic articulation of an utterance, resulting in different types of commitments for the interlocutors. This approach is grounded on the two interconnected notions of presumptions and commitments. In some complex (...) cases of presupposition “suspension,” the speaker presumes the hearer’s acceptance of and commitment to propositions that cannot be presumed as such, namely that do not belong to the common ground, or that have been explicitly rejected as being commonly shared. This phenomenon triggers a complex type of reasoning that can be represented as an abductive pattern, grounded on hierarchies of presumptions and aimed at providing an interpretation that solves this conflict of presumptions. Several cases of suspension of presupposition will be investigated as resulting from non-presumptive polyphonic articulations, in which different voices responsible for distinct commitments are distinguished. By indirectly reporting an element of discourse, the speaker can refuse to take responsibility for the presupposed proposition, and correct the commitments that may result for him. This polyphonic treatment of utterances shows how and why a presupposition is suspended, and identifies the conflicting presumptions that can be further solved through reasoning from best explanation. This reasoning can result in a different reconstruction of the developed logical form of utterance or of its illocutionary force. (shrink)

In this paper, I distinguish between linguistic and non-linguistic presuppositions. I also propose that we should be interested in conversational presuppositions, which could also be called speaker-meant presuppositions or speaker's presuppositions. I also distinguish between potential and actual presuppositions. I propose that, in some cases, presuppositions can be conversationally implicated and cancellation is possible. I specify what the hard cases are and I try to explain them through ontological considerations. I try to reduce the hard cases through (a) the notion (...) that all actual presuppositions are speaker-meant; (b) the distinction between ontological and linguistic presuppositions; and (c) the uncontroversial notion that even ontological presuppositions are susceptible to semantic under-determination that has to be tackled though pragmatic intrusion. Pragmatic intrusion for presuppositional cases, however, cannot really amount to completing or expanding or in any case computing an explicature in an ordinary sense, as explicatures have to do with truth-conditions and aim to create propositionally complete forms that are truth-evaluable, unlike propositional fragments or schemata that are usually expressed in sentences (; , 2012). They are processes similar to explicatures, but since presuppositions are only pre-conditions for an utterance's being true or false (; Macagno; 2016; ; ), we cannot say that these processes are completely like those of explicatures. Nevertheless, they are pragmatically-motivated, even if hard to cancel. (See on lack of cancellability or on entrenched meanings.) This more or less brings my approach in line with contextualism (even if I accept semantic invariantism, along the lines of or (Invariantism is also shared by , in a form that is compatible with her contextualism.)). (shrink)

The article develops and justifies, on the basis of the epistemological argumentation theory, two central pieces of the theory of evaluative argumentation interpretation: 1. criteria for recognizing argument types and 2. rules for adding reasons to create ideal arguments. Ad 1: The criteria for identifying argument types are a selection of essential elements from the definitions of the respective argument types. Ad 2: After presenting the general principles for adding reasons (benevolence, authenticity, immanence, optimization), heuristics are proposed for finding missing (...) reasons, for deductive arguments, e.g., semantic tableaux are suggested. (shrink)