Institutional Constraints of Topical Strategic Maneuvering in Legal Argumentation: The Case of ‘Insulting’

Abstract

Strategic maneuvering refers to the efforts parties make to reconcile rhetorical effectiveness with dialectical standards of reasonableness. It manifests itself in topical selection, audience-directed framing and presentational devices. In analyzing strategic maneuvering one category of parameters to be considered are the constraints of the institutional context. In this paper I explore the institutional constraints for topical selection for the legal argumentative activity type insulting. I will make a distinction between statutory constraints, constraints developed in case law and constraints regarding language use and the logic of conversational implicatures

Keywords: conversational implicatures, insulting, legal argumentation, speech act theory

JEL Classification: K10