Archiwum
Filozofii Prawa
i Filozofii Społecznej

Journal of the Polish Section of IVR (ISSN:2082-3304)

IVR

The strategic principle and the maxim of selectivity – a new insight on Gricean implicatures in the law

Mgr Izabela Skoczeń

Jagiellonian University


English abstract In the present paper, I attempt to answer three questions. First, whether the classical Gricean version of the implicature theory can be applied to describe legal discourse. Second, I provide an outline of one of the most popular theories of the pragmatics of legal language. Namely, Andrei Marmor’s theory of strategic speech. Strategic speech occurs mostly in indeterminate contexts, which contain elements that license even contradictory pragmatic inferences. Next, I attempt to flesh out the problematic points of this account. Third, I attempt to formulate a descriptive model of the strategic selectivity of pragmatic elements in the law, that could face the objections to Marmor’s ideas.

Keywords: conversational implicature, Paul Grice, pragmatics, interpretation, strategic speech

Language: Polish

Received: 06.10.2016
Accepted: 10.12.2016

Published: Number 1(14)/2017, pp. 115-124.

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Number of downloads: 103

May fashionable and just have something in common? – or a few words about „thick terms”, „thick concepts” and „thick properties”

Mgr Izabela Skoczeń

Jagiellonian University in Kraków


Abstract: In the present article I explore two questions. First, what are the theoretical relations between thick terms, concepts and properties? I try to depict that the answer is dependent upon a choice of philosophical assumptions. Second, I explore what are the possible bonds between descriptive and evaluative components of thick expressions. I concentrate on the nature of the evaluative component and contrast the semantic and pragmatic approaches. Finally, I conclude that terms such as ‘legal’ are par excellence thick. Therefore, we should be aware of all the theoretical intricacies of the evaluative content when building a coherent theory of the legal realm.

Keywords: thick terms, thick concepts, thick properties, legal philosophy, law and language

Language: Polish

Published: Number 1(12)/2016, p. 55-63.

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Numer of downloads: 161