Abstract
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 legal domain, while others dispute this claim. Izabela Skoczeń’s book, Implicatures within legal language provides an original contribution to this ongoing debate. Through an interdisciplinary approach that engages with the most recent advances in Pragmatics as well as with the most popular legal approaches, Skoczeń recasts Grice’s theory of conversational implicatures in order to explain the mechanisms behind court decisions. This review article provides a critical examination of Skoczeń’s book, highlighting its strengths as well as its problems.
References
Archer, Dawn. 2011. Cross-examining lawyers, facework and the adversarial courtroom. Journal of Pragmatics 43: 3216–3230.
Asgeirsson, Hrafn. 2017. On the possibility of non-literal legislative speech. In Pragmatics and law. Practical and theoretical perspectives, ed. Francesca Poggi and Alessandro Capone, 67–101. Cham: Springer.
Baude, William, and Stephen E. Sachs. 2017. The law of interpretation. Harvard Law Journal 130: 1081–1147.
Carston, Robyn. 2013. Legal texts and canons of construction: A view from current pragmatic theory. In Law and language: Current legal issues 15, ed. Michael Freeman and Fiona Smith, 8–33. Oxford: OUP.
Culpeper, Jonathan, Derek Bousfield, and Anne Wichmann. 2003. Impoliteness revisited: With special reference to dynamic and prosodic aspects. Journal of Pragmatics 35: 1545–1579.
Ekins, Richard. 2012. The nature of legislative intent. Oxford: OUP.
Grice, Paul H. 1989. Studies in the way of words. Cambridge, MA: Harvard University Press.
Horn, Laurence R. 1984. Toward a new taxonomy for pragmatic inference: Q-based and R-based implicature. In Georgetown University round table on languages and linguistics, ed. Deborah Schiffrin, 11–42. Washington D.C.: Georgetown University Press.
Macagno, Fabrizio, Douglas Walton, and Giovanni Sartor. 2018. Pragmatic maxims and presuppositions in legal interpretation. Law and Philosophy 37: 69–115.
Marmor, Andrei. 2007. What does the law say? Semantics and pragmatics in statutory language. Analisi e diritto 2007: 127–140.
Marmor, Andrei. 2008. The pragmatics of legal language. Ratio Juris 21: 423–452.
Marmor, Andrei. 2011. Can law imply more than it says? On some pragmatic aspects of strategic speech. In Philosophical foundations of the language in the law, ed. Andrei Marmor and Scott Soames, 83–104. Oxford: OUP.
Miller, Geoffrey P. 1990. Pragmatics and the maxims of interpretation. Wisconsin Law Review 1990: 1179–1227.
Poggi, Francesca. 2018. Conversational implicatures and legal interpretation. On the difference between conversational maxims and legal interpretative criteria. Analisi e diritto 2018 (2): 39–66.
Recanati, François. 2004. Literal meaning. Cambridge: Cambridge University Press.
Sinclair, M.B.W. 1985. Law and language. The role of pragmatics in statutory interpretation. University of Pittsburgh Law Review 46: 373–420.
Izabela, Skoczeń. 2019. Implicatures within legal language. Cham: Springer.
Slocum, Brian C. 2016. Conversational implicatures and legal texts. Ratio Juris 29: 23–43.
Thomas, Jenny. 1995. Meaning in interaction. London: Longman.
Zhang, Dan. 2015. Conversational analysis in courtroom discourse. In Proceedings of international conference on education, management, commerce and society. https://doi.org/10.2991/emcs-15.2015.111.
Funding
Funding was provided by Harmonia, Polish National Centre for Science (Grant No. 2018/30/M/HS5/00254).
Author information
Authors and Affiliations
Corresponding author
Additional information
Publisher's Note
Springer Nature remains neutral with regard to jurisdictional claims in published maps and institutional affiliations.
Rights and permissions
About this article
Cite this article
Poggi, F. Review Article of Implicatures Within Legal Language by Izabela Skoczeń (Springer 2019). Int J Semiot Law 33, 1199–1205 (2020). https://doi.org/10.1007/s11196-020-09729-2
Published:
Issue Date:
DOI: https://doi.org/10.1007/s11196-020-09729-2