Statutory interpretation involves the reconstruction of the meaning of a legal statement when it cannot be considered as accepted or granted. This phenomenon needs to be considered not only from the legal and linguistic perspective, but also from the argumentative one - which focuses on the strategies for defending a controversial or doubtful viewpoint. This book draws upon linguistics, legal theory, computing, and dialectics to present an argumentation-based approach to statutory interpretation. By translating and summarizing the existing legal interpretative canons (...) into eleven patterns of natural arguments - called argumentation schemes - the authors offer a system of argumentation strategies for developing, defending, assessing, and attacking an interpretation. Illustrated through major cases from both common and civil law, this methodology is summarized in diagrams and maps for application to computer sciences. These visuals help make the structures, strategies, and vulnerabilities of legal reasoning accessible to both legal professionals and laypeople. (shrink)

It is widely held that there are important differences between indicative conditionals (e.g. “If the authors are linguists, they have written a linguistics paper”) and subjunctive conditionals (e.g. “If the authors had been linguists, they would have written a linguistics paper”). A central difference is that indicatives and subjunctives convey different stances towards the truth of their antecedents. Indicatives (often) convey neutrality: for example, about whether the authors in question are linguists. Subjunctives (often) convey the falsity of the antecedent: for (...) example, that the authors in question are not linguists. This paper tests prominent accounts of how these different stances are conveyed: whether by presupposition or conversational implicature. Experiment 1 tests the presupposition account by investigating whether the stances project – remain constant – when embedded under operators like negations, possibility modals, and interrogatives, a key characteristic of presuppositions. Experiment 2 tests the conversational-implicature account by investigating whether the stances can be cancelled without producing a contradiction, a key characteristic of implicatures. The results provide evidence that both stances – neutrality about the antecedent in indicatives and the falsity of the antecedent in subjunctives – are conveyed by conversational implicatures. (shrink)

In everyday speech we seem to refer to such things as abstract objects, moral properties, or propositional attitudes that have been the target of metaphysical and/or epistemological objections. Many philosophers, while endorsing scepticism about some of these entities, have not wished to charge ordinary speakers with fundamental error, or recommend that the discourse be revised or eliminated. To this end a number of non-revisionary antirealist strategies have been employed, including expressivism, reductionism and hermeneutic fictionalism. But each of these theories faces (...) forceful objections. In particular, we argue, proponents of these strategies face a dilemma: either concedes that their theory is revisionary, or adopt an implausible account of speaker-meaning whereby the content of certain types of utterance is opaque to their speakers. In this paper we introduce a new type of antirealist strategy, which is thoroughly non-revisionary, and leaves speaker-meaning transparent to speakers. We draw on work on pragmatics in the philosophy of language to develop a theory we call ‘pragmatic antirealism’. The pragmatic antirealist holds that while the sentences of the discourses in question have metaphysically contentious truth conditions, ordinary utterances of them are pragmatically modified in context in such a way that speakers do not incur commitment to those truth conditions. After setting out the theory, we show how it might be developed for both mathematical and ethical discourse, before responding to some likely objections. (shrink)

Quite a few scholars claim that many implicata are propositions about the speaker's epistemic or doxastic states. I argue, on the contrary, that implicata are generally non-epistemic. Some alleged cases of epistemic implicature are not implicatures in the first place because they do not meet Grice's non-triviality requirement, and epistemic implicata in general would infringe on the maxim of quantity. Epistemic implicatures ought to be construed as members of a larger family of implicature-like phenomena.

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)

Could a Nazi soldier or terrorist be courageous? The Courage Problem asks us to answer this sort of question, and then to explain why people are reluctant to give this answer. The present paper sheds new light on the Courage Problem by examining a controversy sparked by Bill Maher, who claimed that the 9/11 terrorists’ acts were ‘not cowardly.’ It is shown that Maher's controversy is fundamentally related to the Courage Problem. Then, a unified solution to both problems is provided. (...) This solution entails that gutsy people who lack good ends are not courageous. (shrink)

I argue that the Standard View of ignorance is at odds with the claim that knowledge entails truth. In particular, if knowledge entails truth then we cannot explain away some apparent absurdities that arise from the Standard View of ignorance. I then discuss a modified version of the Standard View, which simply adds a truth requirement to the original Standard View. I show that the two main arguments for the original Standard View fail to support this modified view.

Skeptical puzzles and arguments often employ knowledge-closure principles . Epistemologists widely believe that an adequate reply to the skeptic should explain why her reasoning is appealing albeit misleading; but it’s unclear what would explain the appeal of the skeptic’s closure principle, if not for its truth. In this paper, I aim to challenge the widespread commitment to knowledge-closure. But I proceed by first examining a new puzzle about failing to know—what I call the New Ignorance Puzzle . This puzzle resembles (...) to the Old Ignorance Puzzle , although it does not involve a closure principle. It instead centers on the standard view of ignorance, a highly intuitive principle stating that ignorance is merely a failure to know. In Sects. 2 and 3, I argue that the best way to solve the New Ignorance Puzzle is to reject the standard view of ignorance and to explain away its appeal via conversational implicature. I then use this solution to the New Ignorance Puzzle as a way of explaining why knowledge-closure principles would seem true, and why abominable conjunctions would seem abominable, even if such principles were false . The upshot is a new way of explaining why the skeptic’s reasoning is appealing albeit misleading. (shrink)

UK universities have gone through drastic changes driven by the marketization of higher education. From the perspective of critical discourse analysis, Fairclough hypothesizes that university discourse will be colonized by business discourse. While a number of studies have been conducted, to my knowledge no study has compared university discourse and business discourse both synchronically and diachronically. This article compares how employer organizations are discursively constructed synchronically and diachronically in 240 academic and business job advertisements. The analytical frameworks are transitivity analysis (...) and modality. The results indicate that academic job advertisements have changed from not mentioning organizations to discursively constructing organizations in a promotional manner like business job advertisements. In addition, universities reframe themselves as businesses, entrepreneurs and service providers. This article contends that universities should be selective in adopting business discourse and maintain their identity as educational institutions. (shrink)

This article argues that what Grice termed ‘particularized conversational implicatures’ can be divided into two types. In some cases, it is possible to reconstruct the inference from the explicit content of the utterance to the implicature without employing a premise to the effect that that the speaker expressed that content (by means of an utterance). I call these ‘material implicatures’. Those whose reconstruction relies on a premise about the speaker's verbal behaviour, by contrast, I call ‘behavioural implicatures’. After showing that (...) the division is theoretically significant, I ask whether current pragmatic theory is able to accommodate it. I conclude that, while (neo)-Gricean pragmatics cannot do so straightforwardly, the distinction is already implicit in Relevance Theory. The article ends by considering the question of whether, in the light of previous discussion, speaker meaning really is always an instance of non-natural meaning. (shrink)

The traditional concepts of rhetorical strategy and argumentative fallacy cannot be readily reconciled. Doing so requires escaping the following argument: All argumentation involves rhetorical strategies. All rhetorical strategies are violations of logical or dialectical ideals. All violations of logical or dialectical ideals are fallacies. Normative pragmatics provides a perspective in which rhetorical strategies can be seen to have the potential for constructive contributions to argumentation and in which fallacies are not simply violations of ideals. One kind of constructive contribution, framing (...) moves, is illustrated with the case of Lyndon Johnson’s 1964 TV campaign commercial known as the Daisy ad. (shrink)

The present paper argues that there is a knowledge norm for conversational implicature: one may conversationally implicate p only if one knows p. Linguistic data about the cancellation behavior of implicatures and the ways they are challenged and criticized by speakers is presented to support the thesis. The knowledge norm for implicature is then used to present a new consideration in favor of the KK thesis. It is argued that if implicature and assertion have knowledge norms, then assertion requires not (...) only knowledge but iterated knowledge: knowing that you know that you know that... you know. Such a condition on permissible assertion is argued to be plausible only if the KK thesis is true. (shrink)

Jonathan Berg’s insightful and lucid book Direct Belief develops a pragmatic account of our intuitions about Frege-cases. More precisely Berg argues that our practice of belief-reporting normally exhibits certain regularities. He argues that utterances of belief reports typically conversationally implicate that the reports adhere to these regularities. And he uses these implicatures to explain our intuitions about Frege-cases. I explore and unpack Berg’s pragmatic account, considering and offering responses to three natural worries that might be raised. In particular, I respond (...) to the objection that the regularities Berg invokes cannot generate the conversational implicatures he claims. I respond to the objection that the regularities Berg invokes do not, in fact, obtain. And I respond to the worry that Berg cannot explain how these regularities might arise in the first place. (shrink)

Berg seeks to defend the theory that the meaning of a proper name in a belief report is its reference against Frege’s puzzle by hypothesizing that when substituting coreferential names in belief reports results in reports that seem to have different truth values, the appearance is due to the fact that the reports have different metalinguistic implicatures. I review evidence that implicatures cannot be calculated in the way Grice or Berg imagine, and give reasons to believe that belief reports do (...) not have the implicatures Berg attributes to them. I also argue that even if belief reports did have such implicatures, they would not explain why the belief reports in Frege’s puzzle seem to have different truth values. I point out that Berg has no reason to believe that Lois Lane believes Clark Kent is a reporter and Lois Lane believes Superman is a reporter are both true rather than both false, and that Leibniz’s Law cannot be used to defend substitutivity in belief reports because belief reports are not relational in the requisite way. Finally, I observe that some of the linguistic data Berg uses to argue for substitutivity in belief reports concerns the transparent interpretation of belief reports, whereas Frege’s puzzle concerns the opaque interpretation. (shrink)

The goal of this paper is to explore the presuppositionality of factive verbs, with special emphasis on the verbs know and regret. The hypothesis put forward here is that the factivity related to know and the factivity related to regret are two different phenomena, as the former is a semantic implication that is licensed by the conventional meaning of know, while the latter is a purely pragmatic phenomenon that arises conversationally. More specifically, it is argued that know is factive in (...) the sense that it both entails and presupposes p, while regret is factive in the sense that it only presupposes p. In a recent article, Hazlett, 497–522, 2010) shows with authentic examples how know is used non-factively in ordinary language, and he observes in these examples, as he says, “a threat to Factivity.” I argue that non-factive uses of factive verbs, such as know and regret, far from being a threat to factivity, show that, on the one hand, know is ambiguous between a factive and a non-factive sense; on the other hand, in the case of regret, the presupposition of factivity has to be intended as a merely pragmatic implication which can be suspended by the speaker herself. (shrink)

This paper examines a number of proverbs in English and Persian to shed light on certain pragmatic issues involved in translation. By analyzing three sets of data within the pragmatic framework, we found that the translatability of proverbs should be characterized as a continuum, rather a clear-cut dichotomy. Depending on the universality or culture-specificity of background cultural information associated with proverbs, three main categories, namely translatables, semi-translatables, and untranslatables are proposed. These categories fall along different points on a postulated continuum (...) of translatability. Our study also shows that implicatures and presuppositions, when applicable to translatability, influence it in an incontrovertible manner. On top of this, the indubitable role of metaphor in the conceptualization of proverbs, and as a result, on the translatability of them is acknowledged. (shrink)

Habilitation thesis in psychology. The book consists of a collection of reasoning studies. The experimental investigations will take us from people’s reasoning about probabilities, entailments, pragmatic factors, argumentation, and causality to morality. An overarching theme of the book is norm pluralism and individual differences in rationality research.

semantic minimalism and moderte contextualism.

Explicatures are not cancellable. Theoretical considerations.

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)

Pragmatic presuppositions are analyzed considering their relation with the notion of commitment, namely the dialogical acceptance of a proposition by an interlocutor. The attribution of commitments carried out by means of pragmatic presupposition is shown to depend on the reasonableness of the underlying presumptive reasoning, ultimately grounded on hierarchies of presumptions. On this perspective, the ordinary interpretation of pragmatic presuppositions as the “taking for granted” of propositions signaled by semantic or syntactic triggers becomes only the presumptive, prototypical interpretation of a (...) complex linguistic and pragmatic phenomenon. It will be shown how the prototypical interpretation is subject to default in cases of conflicts of presumptions, which lead to reconstructing the speaker’s meaning non-presumptively at a pragmatic, semantic, or syntactic level. The phenomena of presupposition cancellation and neutralization can be explained in terms of presumptive and non-presumptive articulation and interpretation of an utterance, through which the speaker can impose, correct, or refuse implicit commitments. (shrink)

The fallacy of ignoring qualifications, or secundum quid et simpliciter, is a deceptive strategy that is pervasive in argumentative dialogues, discourses, and discussions. It consists in misrepresenting an utterance so that its meaning is broadened, narrowed, or simply modified to pursue different goals, such as drawing a specific conclusion, attacking the interlocutor, or generating humorous reactions. The “secundum quid” was described by Aristotle as an interpretative manipulative strategy, based on the contrast between the “proper” sense of a statement and its (...) meaning taken absolutely or in a certain respect. However, how can an “unqualified” statement have a proper meaning different from the qualified one, and vice versa? This “linguistic” fallacy brings to light a complex relationship between pragmatics, argumentation, and interpretation. The secundum quid is described in this paper as a manipulative argument, whose deceptive effect lies in its pragmatic dimension. This fallacy is analyzed as a strategy of decontextualization lying at the interface between pragmatics and argumentation and consisting of the unwarranted passage from an ut-terance to its semantic representation. By ignoring the available evidence and the presumptive interpretation of a statement, the speaker places it in a different context or suppresses textual and contextual evidence to infer a specific meaning different from the presumable one. (shrink)

This paper advances an approach to presupposition rooted in the concept of commitment, a dialectical notion weaker than truth and belief. It investigates ancient medieval dialectical theories and develops the insights thereof for analyzing how presuppositions are evaluated and why a proposition is presupposed. In particular, at a pragmatic level, presuppositions are reconstructed as the conclusions of implicit arguments from presumptive reasoning, grounded on presumptions of different type and nature. A false (or rather unaccepted) presupposition can be thus represented as (...) the outcome of a conflict of presumptions – the ones used by the Speaker and the ones commonly accepted or backed by evidence. From an interpretative perspective, this defaulted presumptive reasoning can be explained by comparing the available presumptions and repaired by replacing the weaker and unacceptable ones. (shrink)

pronominal clitics, pragmatics and propositional attitudes.

I argue that knowledge is a particular kind of concept known as a thick concept. Examples of thick concepts include courage, generosity, loyalty, brutality, and so forth. These concepts are commonly said to combine both evaluation and description, and one of the main goals of this dissertation is to provide a new account of how a thick concept combines these elements. It is argued that thick concepts are semantically evaluative, and that they combine evaluation and description in a way similar (...) to that of concepts like good qua dancer and bad qua violinist. In the final chapter, this basic idea is applied to the concept of knowledge. There, the concept of knowledge is analyzed in terms of good qua belief. The upshot is that two central epistemological problems—the Gettier Problem and the Value Problem—can be resolved. (shrink)

This paper presents the concept of relevance in argumentation theory analyzed from a pragma-rhetorical angle. Special attention will be given to examples in which relevance is determined by the extended social context of the use of presentational devices in controversies. The analysis of examples will include the rhetorical concept of decorum, maintaining that a different emphasis should be given to the role of the speaker in the determination of relevance.

Segundo a tese minimalista, todo efeito contextual sobre a avaliação de uma dada sentença resulta ou bem de uma variação nos parâmetros contextuais selecionados por morfemas indexicais, ou bem de uma mu- dança nas circunstâncias de avaliação. O contextualismo coloca dois tipos de desafio a esta tese. Por um lado, em pelo menos alguns casos, diferentes ocorrências de uma mesma sentença parecem ter avaliações divergentes que não podem ser explicadas pela tese minimalista. Por outro, parece haver asserções que são avaliadas (...) relativamente a parâ- metros que não são selecionados pelos morfemas utilizados pelo falan- te. As motivações contextualistas não se limitam a estes desafios. Uma motivação positiva é a associação de diferentes esquemas conceituais a um mesmo lexema. Outra motivação reside na dimensão implícita do pensamento e da ação, o que se traduz em elementos não articulados de asserções. Em ambos os casos, o contexto desempenha um papel na determinação da proposição expressa. (shrink)

The field of language evolution has recently made Gricean pragmatics central to its task, particularly within comparative studies between human and non-human primate communication. The standard model of Gricean communication requires a set of complex cognitive abilities, such as belief attribution and understanding nested higher-order mental states. On this model, non-human primate communication is then of a radically different kind to ours. Moreover, the cognitive demands in the standard view are also too high for human infants, who nevertheless do engage (...) in communication. In this paper I critically assess the standard view and contrast it with an alternative, minimal model of Gricean communication recently advanced by Richard Moore. I then raise two objections to the minimal model. The upshot is that this model is conceptually unstable and fails to constitute a suitable alternative as a middle ground between full-fledged human communication and simpler forms of non-human animal communication. (shrink)