The Pragmatics of Evidence Discourse
This chapter explores a number of pragmatic aspects of the evidentiary discourse. By calling them “pragmatic” the author refers to the aspects that are typically the province of “pragmatics” and can be generically defined as the study of the use of language in context; and by “evidence discourse” he refers to the discourse that is carried out about juridical evidence. This discussion restates the basic distinction between semantics and pragmatics and then addresses the nature of the speech acts in evidence discourse, the role of implicatures and presuppositions, and the place of deixis, i.e., the use of indexicals and demonstratives. The author claims that evidence discourse is predominantly assertive; that problems associated with implicatures are abated as questioners are skilled and questions are specific; that exploitation of presuppositions is avoided by attorneys’ vigilance and judicial control; and, finally, that deixis reveals the discourse’s ostensive dimension.