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Books > Law > Jurisprudence & general issues > Jurisprudence & philosophy of law
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Implicatures within Legal Language (Hardcover, 1st ed. 2019)
Loot Price: R3,270
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Implicatures within Legal Language (Hardcover, 1st ed. 2019)
Series: Law and Philosophy Library, 127
Expected to ship within 10 - 15 working days
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This book proposes a novel, descriptive theory that unveils the
linguistic mechanisms lurking behind judicial decisions. It offers
a comprehensive account of the ongoing debate, as well as a novel
solution to the problem of understanding legal
pragmatics.Linguistic pragmatics is based on a theory created by
Paul Grice, who observed that people usually convey more than just
the amalgam of the meaning of the words they use. He labeled this
surplus of meaning a "conversational implicature." This book
addresses the question of whether implicatures occur in the legal
language, firstly illustrating why the classic Gricean theory is
not applicable (without substantial modification) to the
description of legal language and proposing a novel approach based
on a modification of Andrei Marmor's "strategic speech."
Subsequently, it analyzes neo-Gricean theories and their limited
use for describing the mechanisms of legal interpretation, and
discusses the possibility of pragmatic enrichment of legal content
as well as the notion of completeness of a legal proposition.
Lastly, it illustrates how the developed theory works in practice,
with examples from penal and civil law cases. The book is helpful
to legal practitioners, since it provides insights into the reasons
for and linguistic mechanisms behind courts' decisions, but also to
philosophers of law, philosophers of language, linguists and
non-experts wishing to better understand the mechanisms of legal
decision making.
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