Beatty, Brandon, and Sober agree that biological generalizations, when contingent, do not qualify as laws. Their conclusion follows from a normative definition of law inherited from the Logical Empiricists. I suggest two additional approaches: paradigmatic and pragmatic. Only the pragmatic represents varying kinds and degrees of contingency and exposes the multiple relationships found among scientific generalizations. It emphasizes the function of laws in grounding expectation and promotes the evaluation of generalizations along continua of ontological and representational (...) parameters. Stability of conditions and strength of determination in nature govern projectibility. Accuracy, ontological level, simplicity, and manageability provide additional measures of usefulness. (shrink)

This study describes metonymic argument alternations, in which a constructional slot can be filled by any of a set of semantic roles that index one another, and provides a diachronic corpus analysis of two such alternations in French. In the Reveal secret frame and other communication frames, the Medium can indexically replace the Speaker and the Topic can indexically replace the Information. A regression analysis shows that while topic for information metonymy is more syntactically and pragmatically restricted, medium for speaker (...) metonymy has seen an increase in usage over time across the frame. This change is related to sociocultural developments and has implications for the study of figurative language and lexical semantic change. While it is well understood that figurative mechanisms such as metonymy affect language change, here it is demonstrated that cultural shifts drive changes in metonymies themselves, with corresponding impacts for linguistic structure. (shrink)

This collection of contributions from both linguists and lawyers brings a pragmatic perspective to the linguistic basis for legal meaning and for finding a norm by which to decide a case. That is, it turns from notions of linguistic meaning as residing in the text, as literal meaning waiting to be dug out, to focus instead on how readers infer pragmatic meaning, and on the kinds of inferencing that characterise legal discourse.

Journal Name: Cognitive Linguistics Issue: Ahead of print.

Raz holds that necessarily all legal authorities, even de facto authorities, make a claim to legitimate authority. He does not say that legitimacy is a necessary property of law. This view, which I call the claim view, constitutes my focal point in this paper. Many commentators have criticized this view. I discuss and dismiss three critiques of the claim view: the verification critique (the claim view is not empirically confirmed), the legalistic critique (law claims legal authority, not moral authority), and (...) the semantic critique (legal obligations are semantically distinct from moral obligations). I submit that Raz equates the meaning of legal duties with that of moral duties and yet denies that legal statements entail moral propositions. In other words, I distinguish the semantic identity thesis from the semantic entailment thesis. Instead of a semantic interpretation of the claim view, I defend a presuppositional ascription of a general claim to moral authority to authoritative duty‐imposing and normatively committed uses of legal language by official spokesmen. I show that law’s claim to authority does not prove the truth of the sources thesis, because conceptual confusion or insincerity can affect the epistemic reliability of the propositions embodied in the claim, and because blatant immorality can altogether cancel law’s pragmatically presupposed claim to moral authority. I also argue that the claim view can only warrant two qualified versions of exclusive legal positivism, one of which is almost tautological, the other self‐contradictory. Finally, I suggest that exclusive legal positivism cannot be defended on conceptual grounds. (shrink)

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? (shrink)

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? Which pragmatic and socio-linguistic problems are highlighted by this practice? (shrink)

Name der Zeitschrift: Semiotica Jahrgang: 2017 Heft: 216 Seiten: 109-130.

The use of general and universal laws in historiography has been the subject of debate ever since the end of the nineteenth century. Since the 1970s there has been a growing consensus that general laws such as those in the natural sciences are not applicable in the scientific writing of history. We will argue against this consensus view, not by claiming that the underlying conception of what historiography is—or should be—is wrong, but by contending that it is based (...) on a misconception of what general laws such as those of the natural sciences are. We will show that a revised notion of law, one inspired by the work of Sandra D. Mitchell, in tandem with Jim Woodward’s notion of “invariance,” is indeed applicable to historiography, much in the same way as it is to most other scientific disciplines. Having developed a more adequate account of general laws, we then show, by means of three examples, that what are called “pragmatic laws” and “invariance” do in fact play a role in history in several interesting ways. These examples—from cultural history, economic history, and the history of religion—have been selected on the basis of their diversity in order to illustrate the widespread use of pragmatic laws in history. (shrink)

This article seeks to contribute to ongoing debates on the nature and foundations of environmental law. In doing so, the article accepts the claim made in much of the recent analytical environmental law scholarship that the discipline suffers from a lack of coherence. In a response to this claim, the article probes the potential reasons behind this incoherence. In relying on recent scholarship in the disciplines of social psychology and cultural cognition, the article argues that individual understanding of environmental risks (...) in accordance with a priori held beliefs and values aided by cognitive biases, lends support to a scenario of multiple and diverse understandings of environmental problems. This diversity is in turn reflected in both the form and content of environmental law. In a response to this diversity and incoherence, the article identifies the philosophy of pragmatism and argues that a modest interpretation of pragmatism has the potential to alleviate the biases and heuristics that give rise to the individual understanding of environmental risks. (shrink)

The recent debate on pragmatics and the law has found ways to circumvent an important distinction, originally drawn by Dascal and Wróblewski (1991), between the historical law-maker, the current law-maker, and the ideal/rational law-maker.1 By insisting on the relationship between the rational law-maker and contextualism and textualism (see Manning 2005, 2006), I want to redress this fault in current discussions. In this paper, I start with general considerations on pragmatics, intentionality in ordinary conversation, and intentionality in the context of judiciary (...) proceedings and legal texts. I then move on to considerations on rationality as a prerequisite for understanding the law and on the rational law-maker, an ideal construct proposed by Dascal and Wróblewski (1991). I argue that contextualism (of the moderate kind) is the best way to carry out the program by Dascal and Wróblewski on interpretation and the rational law-maker (also see considerations by Fish 2005); (on contextualism see Dascal and Weizman 1987). I argue that bearing in mind the rational law-maker postulated by Dascal and Wróblewski is a guidance to interpretation of statutes whose texts create interpretative difficulties. I conclude by saying that the considerations on the rational law-maker constitute a compromise between Scalia’s (1997) textualism and contextualism (see Manning 2005, 2006 on the divide between textualism and contextualism). (shrink)

One of the traditional pragmatic approaches to vagueness suggests that there needs to be a significant gap between individuals or objects that can be described using a vague adjective like tall and those that cannot. In contrast, intuitively, an explicit comparative like taller does not require fulfillment of the gap requirement. Our starting point for this paper is the consideration that people cannot make precise measures under time pressure and their ability to discriminate approximate heights obeys Weber’s law. We (...) formulate and experimentally test three hypotheses relating to the difference between positive and comparative forms of the vague adjectives, gap requirement, and Weber’s law. In two experiments, participants judged appropriateness of usage of positive and comparative forms of vague adjectives in a sentence-picture verification task. Consequently, we review formal analysis of vagueness using weak orders and semi-orders and suggest adjustments based on the experimental results and properties of Weber’s law. (shrink)

The paper articulates Deleuze & Guattari’s semiotics towards a semiotic of law through a discussion of the intensive semiotics of the field of emergence and pragmatic semiotics of social power. Within the framework of the pragmatic semiotics, it is argued that the crucial tension is how social machines and their regimes of signs operate with the intensive semiotics of the field of emergence. The signifying regime of the State social machine constructs itself on the excluded foundation of the (...) field of emergence, and what is lost are the real ontological and social conditions of emergence, intensity and affect. In contrast, the counter-signifying regime of the war social machine actively operates with the intensive semiotic of the field of emergence, and develops an image of legality and regime of signs that taps the field of emergence for social organisation and expression. Returning to the issue of emergence and legality, the concept of Emergent Law is developed as a war social machine, abstract machine, assemblage, and regime of signs, that operates a semiotic that is developed in terms of an intensive semiotics that is open to and taps the forces of the field of emergence. (shrink)

Humean Laws for Human Agents presents cutting-edge research by leading experts on the Humean account of laws, chance, possibility, and necessity. A central question in metaphysics and philosophy of science is: What are laws of nature? Humeans hold that laws are not sui generis metaphysical entities but merely particularly effective summaries of what actually happens. The most discussed recent work on Humeanism emphasizes the laws' usefulness for limited agents and uses pragmatic considerations to address (...) fundamental and long-standing problems. The current volume develops and critically examines pragmatic Humean accounts, with innovative new work on the epistemology of laws and chance, the problem of induction, counterfactuals, special science laws, and a Humean account of essence. Taken together, the papers provide a roadmap for developing pragmatic Humeanism and connate views, setting the agenda for future research. (shrink)

Based on the author's thesis (doctoral) from Universiteit, Leiden, 2014.

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)

On Pragmatics, Exercitive Speech Acts and Pornography Suppose that a suspect being questioned by the police says, "I think I'd better talk to a lawyer." Whether that suspect has invoked her right to an attorney depends on which particular speech act her utterance is. If she is merely thinking aloud about what she ought to do, then she has not invoked that right. If, on the other hand, she has thereby requested a lawyer, she has. Similarly, suppose that an unhappily (...) married man says "I want my wife dead." Whether he has thereby solicited his wife's murder depends on which particular speech act his utterance is. If he is merely describing his desires, he has committed no crime. If, by contrast, he has thereby hired an assassin, he has. As one can see, experts on speech acts have a lot to say about various issues in the law.I believe that expertise in speech act theory also illuminates various issues regarding free speech. In what follows, we consider how speech act theory may apply to certain arguments regarding the free speech status of pornography. In particular, we consider several speech act accounts of MacKinnon's claim that pornography subordinates women, but, before turning to such accounts, some background is offered. (shrink)

According to the Humean Best Systems Account, laws are generalizations in the best systematization of non-modal matters of fact. Recently, it has become popular to interpret the notion of a best system pragmatically. The _best_ system is sensitive to our interests—that is, to our goals, abilities, and limitations. This account promises a metaphysically minimalistic analysis of laws, but I argue that it is not as minimalistic as it might appear. Some of the concepts it employs are modally robust, (...) leading to a dilemma. (shrink)

American philosopher John Dewey spent more than two years in China (1919–1921). During and after his visit, he wrote some fairly perceptive and insightful commentaries on China. These were published in periodicals such as the New Republic, Asia, and the China Review, and sometimes in newspapers such as the Baltimore Sun. However, there is hardly any discussion of Chinese philosophy in Dewey’s published works or even his papers and correspondence. Among his rare mentions of Chinese philosophy was an article published (...) in 1922, “As the Chinese Think,” which discussed the teachings of Lao Zi and Confucius (M13 : 217–27).1 This was an attempt to improve Western (or at least American) understanding of Chinese attitudes .. (shrink)

Pragmatic clinical trials are a relatively new methodological approach to the execution of clinical research that can increase research efficiency and provide access to unique data. Some have suggested that the costs and delays associated with obtaining informed consent could make PCTs difficult or even impossible to execute. Alternative consent models have been proposed, some of which lower standards of disclosure, delay consent, or waive it altogether. We analyze the permissibility of changes to informed consent in the context of (...) Canadian research ethics policies, legislation, common law, professional codes of ethics, and professional standards of practice. We find that Canadian law and policy relating to informed consent clearly applies to any clinician who might be involved in a PCT. In addition, existing consent norms seem unable to accommodate alternative consent models for pragmatic research if such models would involve lowering the standard of disclosure. The strong emphasis on the primacy... (shrink)

A central question in the philosophy of science is: What is a law of nature? Different answers to this question define an important schism: Humeans, in the wake of David Hume, hold that the laws of nature are nothing over and above what actually happens and reject irreducible facts about natural modality (Lewis, 1983, 1994; cf. Miller, 2015). According to Non-Humeans, by contrast, the laws are metaphysically fundamental (Maudlin, 2007) or grounded in primitive modal structures, such as dispositional (...) essences of powerful properties (Bird, 2007), necessitation relations (Armstrong, 1983), or primitive subjunctive facts (Lange, 2009). This volume focuses on recent developments in the discussion of Humeanism, specifically on pragmatic versions of the view that put the needs of limited agents like us front and center. (shrink)

Today, mechanisms and mechanistic explanation are very popular in philosophy of science and are deemed a welcome alternative to laws of nature and deductive‐nomological explanation. Starting from Mitchell's pragmatic notion of laws, I cast doubt on their status as a genuine alternative. I argue that (1) all complex‐systems mechanisms ontologically must rely on stable regularities, while (2) the reverse need not hold. Analogously, (3) models of mechanisms must incorporate pragmatic laws, while (4) such laws (...) themselves need not always refer to underlying mechanisms. Finally, I show that Mitchell's account is more encompassing than the mechanistic account *Received August 2008; revised January 2010. †To contact the author, please write to: Centre for Logic and Philosophy of Science, Ghent University, Blandijnberg 2, B‐9000 Belgium; e‐mail: [email protected]. (shrink)

This chapter develops an account of the meaning and use of various types of legal claims, and uses this account to inform debates about the nature and normativity of law. The account draws on a general framework for implementing a contextualist theory, called 'Discourse Contextualism' (Silk 2016). The aim of Discourse Contextualism is to derive the apparent normativity of claims of law from a particular contextualist interpretation of a standard semantics for modals, along with general principles of interpretation and conversation. (...) Though the semantics is descriptivist, it avoids Dworkin’s influential criticism of so-called “semantic theories of law,” and elucidates the nature of “theoretical disagreements” about the criteria of legal validity. The account sheds light on the social, interpersonal function of normative uses of language in legal discourse. It also gives precise expression to Hart’s and Raz’s intuitive distinctions among types of legal claims (internal/external, committed/detached), while giving them a uniform type of analysis. The proposed semantics and pragmatics of legal claims provides a fruitful framework for further theorizing about the nature and metaphysics of law, the relation between law and morality, and the apparent practical character of legal language and judgment. Discourse Contextualism provides a solid linguistic basis for a broader account of legal discourse and practice. (shrink)

The paper proposes to grasp handwritten signature as a metaphysical invention of the so-called “Western” civilization, where the signature is supposed to make possible juridical identification of the person who wrote it. However, despite this expectation of reliability, the Western handwritten signature is an aporetic sign, which is considered to be authentic (unrepeatable) and conventional (repeatable) at the same time. Because the signature is a sign of juridical identification and its authenticity can always be forged, Jacques Derrida tries to deconstruct (...) the contradictory functioning of Western metaphysics, which leads to confusion in our expectations of authenticity and identity in our uses of signatures. By proposing a new reading of Derridean texts concerning writing, the paper focuses on the pragmatical paradox that grounds our contradictory legal politics of signing: because the exact manual reproduction of a line is impossible, no one can satisfy the legislative obligation to sign conformably to the model signature. That’s the aporia of trace’s recognition, which establishes the signature as a sign: on the one hand, the signature is supposed to represent the juridical identity of the person who traced it; on the other hand, the signature, which constantly changes its graphical form, makes every certain identification impossible. In order to question the juridical identity traditionally guaranteed by the signature, this paper invites to grasp the legal practice of signing as a subversive performativity, which is produced during the passage between recognition of juridical identity requested by the law and its simultaneous and inevitable transgression. Finally, the paper proposes a new approach to the signature as a visual performance of the self, based on a reevaluation of the altercation between Jacques Derrida and John Searle concerning the iterative character of traces and performatives. (shrink)

Vorschläge für staatliche DNA-Datenbanken und die kürzlichen Enthüllungen und öffentlichen Präsentationen des Sexuallebens des amerikanischen Präsidenten geben den Anlaß für diese Reflexionen über die Bedeutung des Rechts auf Privatheit. Dabei werden die Ambiguität des Ausdrucks "Privatheit" und eines möglichen Rechts auf Privatheit erörtert, sowie die Spannung zwischen dem Wert eines gesellschaftlichen Gutes wie der Durchsetzung des Rechts einerseits und dem Wert des Schutzes des einzelnen vor Einbrüchen in die intimen Details seines Lebens andererseits. Hierzu werden insbesondere die Ansichten von Thomas (...) Nagel und Immanuel Kant dargestellt, um zu erklären, welche Bedeutung es für den Menschen hat, eine private Sphäre von Gedanken und ganz allgemein von Verhalten zu schützen. Proposals for government DNA data banks and recent exhumation and public exhibition of a president's sex life prompt these reflections on the importance of privacy. The ambiguity of the term "privacy" and of a putative right to privacy is noted. The tension between the value of such social goods as law enforcement and the value of freedom from intrusion into the intimate details of one's life is explored. The views of Thomas Nagel and Immanuel Kant are cited in explaining the human importance of preserving a private sphere of thought and conduct generally. (shrink)

Leuridan (2010) argued that mechanisms cannot provide a genuine alternative to laws of nature as a model of explanation in the sciences, and advocates Mitchell’s (1997) pragmatic account of laws. I first demonstrate that Leuridan gets the order of priority wrong between mechanisms, regularity, and laws, and then make some clarifying remarks about how laws and mechanisms relate to regularities. Mechanisms are not an explanatory alternative to regularities; they are an alternative to laws. The (...) existence of stable regularities in nature is necessary for either model of explanation: regularities are what laws describe and what mechanisms explain. (shrink)

It is an underappreciated fact within the philosophical literature on laws of nature that many scientific laws require the aid of a supporting cast of additional modelling ingredients (such as boundary conditions, material parameters, interfacial stipulations, rigidity constraints, and so on) in order to perform their traditional role in scientific inquiry. In this paper, I suggest that this underappreciated fact spells trouble for some recent reformulations of David Lewis's Best Systems Account (BSA) of laws of nature. Under (...) the auspices of 'pragmatic Humeanism,' several philosophers have recently argued that the criteria of strength and simplicity that lay at the heart of Lewis's original formulation should be replaced with alternatives that are more sensitive to the role that laws play in scientific practice. Although the criteria that these philosophers put forward differ in a variety of ways, they are primarily concerned with the ability of laws to furnish us with predictions and encode information. This, I suggest, is a problem. If it is true that many scientific laws do not on their own perform some of the roles with which they are traditionally associated, then they are unlikely in isolation to make meaningful contributions to the predictive strength of a system or encode information about particular systems. Such laws are thus unlikely to end up in the best system, and so these accounts will have trouble conferring lawhood upon them. (shrink)

High-dose chemotherapy and autologous stem cell transplantation is used to treat some advanced malignancies. It is a traumatic procedure, with a high complication rate and significant mortality. ASCT patients and their carers draw on many sources of information as they seek to understand the procedure and its consequences. Some seek information from beyond orthodox medicine. Alternative beliefs and practices may conflict with conventional understanding of the theory and practice of ASCT, and ‘contested understandings’ might interfere with patient adherence to the (...) strict and demanding protocols required for successful ASCT.The present study, conducted in Sydney, Australia, examines narrative-style interviews with 10 sequentially recruited ASCT patients and nine of their carers conducted at the time of transplant and three months later. Transcripts were read for instances of mention of alternative advice, and for instances of contested understanding of information relevant to the transplant.Patients and carer pairs expressed closely concordant views about alternative advice. Five pairs were consulting alternative practitioners. Contested understanding was expressed in four domains—understandings of the transplant itself and its underlying theory, of the relationship between the components of the ‘transplant’, of the nature and role of stem cells, and of beliefs about bodily function and life-style. Contested understandings of the transplant treatment were expressed as predominantly personal interpretations of orthodox informationPatients and carers seemed to recognise that alternative and conventional systems were discordant, yet they were able to separate the two, and adhere to each practice without prejudicing their medical treatment. A single case of late, post-transplant repudiation of Western medicine is discussed to emphasise some of the possible determinants of dissonance when it does occur. (shrink)

The goal of this article is to direct a jurisprudential analysis on the practical Fourth Amendment mechanism for controlling the American government authorities’ prospective privacy invasions under artificial intelligence (AI) surveillance. With AI surveillance, the American government authorities could commit massive privacy invasions against the Fourth Amendment. The fear of destructive AI privacy invasions seems eclectic. Disregarding this fear, this article maintains that the current U.S. constitutional institutions within the scope of the Fourth Amendment can still provide a practical mechanism (...) for controlling the governments’ AI privacy invasions. However, we can seldom find a substantial jurisprudential analysis on this issue. Under a pragmatic Fourth Amendment framework, this article fills out the void by analyzing certain prospects of this practical mechanism from a pragmatic perspective of analogical common law reasoning. Based on the analysis, legal reflects will be propounded. (shrink)

We reconsider the pragmatic interpretation of intuitionistic logic [21] regarded as a logic of assertions and their justi cations and its relations with classical logic. We recall an extension of this approach to a logic dealing with assertions and obligations, related by a notion of causal implication [14, 45]. We focus on the extension to co-intuitionistic logic, seen as a logic of hypotheses [8, 9, 13] and on polarized bi-intuitionistic logic as a logic of assertions and conjectures: looking at (...) the S4 modal translation, we give a de nition of a system AHL of bi-intuitionistic logic that correctly represents the duality between intuitionistic and co-intuitionistic logic, correcting a mistake in previous work [7, 10]. A computational interpretation of cointuitionism as a distributed calculus of coroutines is then used to give an operational interpretation of subtraction.Work on linear co-intuitionism is then recalled, a linear calculus of co-intuitionistic coroutines is de ned and a probabilistic interpretation of linear co-intuitionism is given as in [9]. Also we remark that by extending the language of intuitionistic logic we can express the notion of expectation, an assertion that in all situations the truth of p is possible and that in a logic of expectations the law of double negation holds. Similarly, extending co-intuitionistic logic, we can express the notion of conjecture that p, de ned as a hypothesis that in some situation the truth of p is epistemically necessary. (shrink)