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  1.  81
    Law and Conversational Implicatures.Francesca Poggi - 2011 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 24 (1):21-40.
    This essay investigates the applicability of Grice’s theory of conversational implicatures to legal interpretation, in order to highlight some of its characteristics. After introducing the notions of language and discourse, and briefly explaining the most salient aspects of Grice’s theory, I will analyse the interpretation of two types of legal acts; authoritative legal acts and acts of private autonomy. Regarding the first class, exemplified by statutes, I will argue against the applicability of Gricean theory due to the conflictual behaviour of (...)
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  2.  9
    From the ideal legislator to the competent speaker: uncovering the deception in legislative intent.Francesca Poggi & Francesco Ferraro - forthcoming - Jurisprudence:1-18.
    Central to the legal positivism of the nineteenth and the first half of the twentieth century was the dogma of the Ideal Legislator. Legal materials were to be interpreted as the work of an omniscient, coherent, consistent legislator. We argue that this dogma persists in the different guise of the competent speaker model, on which legal materials are the work of a competent speaker, who follows all the pertinent semantic and pragmatic rules. We will first lay out the Ideal Legislator (...)
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  3.  13
    Pragmatics and Law: Philosophical Perspectives.Alessandro Capone & Francesca Poggi (eds.) - 2016 - Cham: Springer.
    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 (...)
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  4.  31
    Delimiting Legal Interpretation: The Problem of Moral Bias and Political Distortion—the Case of Criminal Intention.Izabela Skoczeń & Francesca Poggi - 2022 - Ratio Juris 35 (2):191-222.
  5.  10
    Pragmatics and Law: Practical and Theoretical Perspectives.Francesca Poggi & Alessandro Capone (eds.) - 2017 - Cham: Springer.
    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 (...)
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  6.  21
    Defeasibility, Law, and Argumentation: A Critical View from an Interpretative Standpoint.Francesca Poggi - 2020 - Argumentation 35 (3):409-434.
    The phenomenon of defeasibility has long been a central theme in legal literature. This essay aims to shed new light on that phenomenon by clarifying some fundamental conceptual issues. First, the most widespread definition of legal defeasibility is examined and criticized. The essay shows that such a definition is poorly constructed, inaccurate and generates many problems. Indeed, the definition hides the close relationship between legal defeasibility and legal interpretation. Second, this essay argues that no new definition is needed. I will (...)
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  7. Istituzioni.Francesca Poggi - 2015 - In Mario Ricciardi, Andrea Rossetti & Vito Velluzzi (eds.), Filosofia del diritto. Roma: Carocci editore.
     
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  8.  27
    Review Article of Implicatures Within Legal Language by Izabela Skoczeń.Francesca Poggi - 2020 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 33 (4):1199-1205.
    The relationship between legal interpretation and ordinary understanding has raised growing interest among legal scholars. According to the mainstream view, law is a communicative phenomenon and, therefore, the best theory of ordinary communication should also explain and guide legal interpretation. Certainly, it is very controversial which theory is the best one, but, even if there are many candidates, Grice’s conversation model has attracted a lot of attention. Some legal scholars claim that Grice’s theory of conversational maxims should be applied in (...)
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