[lit-ideas] Legal Implicatures

  • From: "" <dmarc-noreply@xxxxxxxxxxxxx> (Redacted sender "Jlsperanza" for DMARC)
  • To: lit-ideas@xxxxxxxxxxxxx
  • Date: Sun, 1 Nov 2015 21:19:56 -0500

McEvoy could protest that that a lawyer loves to argue about words -- or
engage in 'semantics' -- does not mean he is into 'conceptual analysis'.

Then there's:


Law and language (2) | TransLegal
https://www.translegal.com/lesson/8149 Traduci questa pagina Legal English
has many words with very different meanings from their ... As the only
tools available to lawyers are words, one could liken the nuances and ...

which is good in that it mentions nuances or minutiae, as I prefer. For
what is an implicature but a minutia?

-- "She said that she was poor but that she was honest, and the implicature
was on 'but'".

Now, if Grice did something for philosophy, crucially, was to identify the
implicature -- because his point is that the conceptual analyst may be
misled into thinking that what counts as an 'entailment' -- of a legal
concept,
say -- is only an implicature.

And an implicature can be cancelled -- so, it shouldn't count _qua legal
evidence_ --. Or doesn't it?

Should only one's logical implications count _legally_? What is the legal
responsibility of someone merely uttering an 'implicature-laden' utterance?

What is the legal difference between an implicature-carrying utterance
getting uncancelled and being explicitly cancelled ("I use X but surely I don't
mean to offend by its usage")?

Etc.

All this should get a rubric under 'conceptual analysis'.

Law, unlike Philosophy, is a practical affair, so it is natural that a
philosopher's interest in conceptual analysis will differ from a lawyer's.

For a lawyer conceptual analysis may be merely ancillary.

On top, law is inter-disciplinary (I hate that word!) so conceptual
analysis may be provided by the philosopher of law, while it may not constitute

something that the lawyer _qua_ lawyer (I hate that particle, 'qua') does per
se.

As the case may be.

Cheers,

Speranza



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