The Pragmatics of Legal Language

44 Pages Posted: 8 May 2008

See all articles by Andrei Marmor

Andrei Marmor

Cornell University - Law School

Multiple version iconThere are 2 versions of this paper

Date Written: May 2008

Abstract

In most standard cases, the content of the law is tantamount to the content that is communicated by the relevant legal authority. It has been long noticed by linguists and philosophers of language, however, that the content of linguistic communication is not always fully determined by the meaning of the words and sentences uttered. Semantics and syntax are essential vehicles for conveying communicative content, but the content conveyed is very often pragmatically enriched by other factors. My purpose in this essay is to explore some of the pragmatic aspects of understanding what the law communicates. I argue that in some respects the pragmatics of legal language is unique, sometimes uniquely problematic. Exploring those problems forms one of the aims of this essay. But I suggest that we can do more than that: by drawing on the distinctions between the various pragmatic aspects of language use, we should be able to offer some generalizations about types of pragmatic enrichment that could be taken to form, or not to form, part of what is actually determined by legal expressions.

Suggested Citation

Marmor, Andrei, The Pragmatics of Legal Language (May 2008). USC Law Legal Studies Paper No. 08-11. Available at SSRN: https://ssrn.com/abstract=1130863 or http://dx.doi.org/10.2139/ssrn.1130863

USC Law RPS Submitter (Contact Author)

USC Gould School of Law ( email )

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Andrei Marmor

Cornell University - Law School ( email )

Myron Taylor Hall
Cornell University
Ithaca, NY 14853-4901
United States

HOME PAGE: http://www.lawschool.cornell.edu/faculty/bio_andrei_marmor.cfm

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