scholarly journals On Some of the Aspects of the Linguistic Theory of Law

2016 ◽  
Vol 46 (1) ◽  
pp. 211-229
Author(s):  
Marta Andruszkiewicz
Keyword(s):  
Philosophy Of Language ◽  
Formal Languages ◽  
Linguistic Theory ◽  
Theory Of Law ◽  
And Linguistics

Abstract The article analyses the approach to the study of the sphere of language between theory of law and the philosophy of language. The aim of the paper is to study the range of applicability of philosophical and linguistic conceptions in theory of law. Law theory reflects certain movements and controversies that have been significant in linguistic sciences. The analyses, which, so far, have been conducted in theory of law, concentrated mainly on the use of the results of such achievements made by the representatives of the philosophy of language and linguistics as formal languages theories, transformational-generative theories, structuralism, formalism, pragmalinguistics. In this article, it is claimed that contemporary changes in the humanities justify the expansion of the range of jurisprudence integration to some other approaches, different from formalistic and pragmatic ones.

Language and Meaning in the Age of Modernism

2018 ◽  
Author(s):  
James McElvenny
Keyword(s):  
Philosophy Of Language ◽  
Vienna Circle ◽  
Bertrand Russell ◽  
Historical Study ◽  
Personal Connection ◽  
International Language ◽  
Academic Philosophy ◽  
Significant Figures ◽  
Basic English ◽  
And Linguistics

This book is a historical study of influential currents in the philosophy of language and linguistics of the first half of the twentieth century, explored from the perspective of the English scholar C. K. Ogden (1889–1957). Although no ‘Great Man’ in his own right, Ogden had a personal connection, reflected in his work, to several of the most significant figures of the age. The background to the ideas espoused in Ogden’s book The Meaning of Meaning, co-authored with I.A. Richards (1893–1979), is examined in detail, along with the application of these ideas in his international language project Basic English. A richly interlaced network of connections is revealed between early analytic philosophy, semiotics and linguistics, all inevitably shaped by the contemporary cultural and political environment. In particular, significant interaction is shown between Ogden’s ideas, the varying versions of ‘logical atomism’ of Bertrand Russell (1872–1970) and Ludwig Wittgensten (1889–1951), Victoria Lady Welby’s (1837–1912) ‘significs’, and the philosophy and political activism of Otto Neurath (1882–1945) and Rudolf Carnap (1891–1970) of the Vienna Circle. Amid these interactions emerges a previously little known mutual exchange between the academic philosophy and linguistics of the period and the practically oriented efforts of the international language movement.

The Language of Fiction

2021 ◽  
Keyword(s):  
Philosophy Of Language ◽  
Speech Act ◽  
Fictional Characters ◽  
New Research ◽  
Fictional Names ◽  
Philosophy Of Fiction ◽  
And Linguistics ◽  
Literary Techniques ◽  
Fictional Story ◽  
Fictional Truth

The Language of Fiction brings together new research on fiction from philosophy and linguistics. Fiction is a topic that has long been studied in philosophy. Yet recently there has been a surge of work on fictional discourse in the intersection between linguistics and philosophy of language. There has been a growing interest in examining long-standing issues concerning fiction from a perspective informed both by philosophy and linguistic theory. The Language of Fiction contains fourteen essays by leading scholars in both fields, as well as a substantial Introduction by the editors. The collection is organized in three parts, each with their own introduction. Part I, “Truth, reference, and imagination”, offers new, interdisciplinary perspectives on some of the central themes from the philosophy of fiction: What is fictional truth? How do fictional names refer? What kind of speech act is involved in telling a fictional story? What is the relation between fiction and imagination? Part II, “Storytelling”, deals with themes originating from the study of narrative: How do we infer a coherent story from a sequence of event descriptions? And how do we interpret the words of impersonal or unreliable narrators? Part III, “Perspective shift”, zooms in on an alleged key characteristic of fictional narratives, viz. the way we get access to the fictional characters’ inner lives, through a variety of literary techniques for representing what they say, think, or see.

The curse of the perceptual: a case from kinaesthesia

2017 ◽  
Vol 46 (1) ◽  
Author(s):  
Patricia Kolaiti
Keyword(s):  
Philosophy Of Language ◽  
Conceptual Representations ◽  
And Linguistics

AbstractDebate in philosophy of language and linguistics has focused on conceptual representations/propositional thought; as a result there has been little discussion on the effability of

Paul Grice

Philosophy ◽  
2015 ◽  
Author(s):  
Matthew A. Benton
Keyword(s):  
Personal Identity ◽  
20Th Century ◽  
Philosophy Of Language ◽  
Cooperative Principle ◽  
Philosophy Of Perception ◽  
Historical Figures ◽  
Logical Paradoxes ◽  
And Linguistics ◽  
Paul Grice ◽  
British Philosopher

Herbert Paul Grice (b. 1913–d. 1988) was a British philosopher and linguist, and one of the pivotal figures in philosophy during the 20th century. He wrote in many areas of philosophy, including the metaphysics of personal identity, logical paradoxes, the analytic/synthetic distinction, the philosophy of perception, philosophical psychology, and ethics. He also wrote on historical figures such as Aristotle, Descartes, Hume, and Kant. But his most significant contributions came in philosophy of language and mind, on meaning, intention, presupposition, conversation, and the theory of communication. Grice argued for an intention-based theory of meaning, and he was the first to illustrate the distinction between what came to be called semantic and pragmatic meaning, that is, between what a speaker’s utterance (or its utterance “type”) means in the abstract, and what else a speaker can mean by uttering it in a particular context. Grice highlighted this by an appeal to his framework of the Cooperative Principle and its Conversational Maxims, which are plausibly assumed by conversational participants and provide mechanisms for the ways in which speakers can “conversationally implicate” something beyond the literal meaning of what they say, and for how hearers can recover those “implicatures.’” Grice’s enduring influence on these topics helped found the burgeoning discipline in philosophy of language and linguistics now known as “pragmatics” (compare the Oxford Bibliographies in Philosophy article on “Pragmatics”).

scholarly journals Law, language, and knowledge: Legal transplants from a cultural perspective

2019 ◽  
Vol 20 (1) ◽  
pp. 21-45 ◽  
Author(s):  
Julio Carvalho
Keyword(s):  
Philosophy Of Language ◽  
Cultural Theory ◽  
Cultural Anthropology ◽  
Three Dimensions ◽  
Cultural Perspective ◽  
Legal Transplant ◽  
Language Knowledge ◽  
Theory Of Law ◽  
The One ◽  
Methodological Strategy

AbstractIn this Article, I have analyzed the philosophical grounds on which stands the conception of law implied in legal transplants. On the one hand, behind the idea of legal transplants lurks the misleading assumption that two different legal cultures share common epistemological accounts of what is meant by law; on the other, the idea that a certain legal institution verbally framed may be exported to another culture and touch off similar interpretations and conceptual performances reflects, at its core, a conception of language based on an isomorphic correspondence between legal words and the meanings those words are to stand for. My goal has been to critically expose the philosophical backdrop that lies behind the conception of law implied in the idea of a legal transplant with an eye to the cultural perspective. To this end, I have availed myself of different but convergent perspectives gathered from Wittgenstein’s pragmatic philosophy of language, Geertz’s cultural anthropology, Eco’s semiology, Harris’ integrational epistemology, and Rosen’s cultural theory of law, as a methodological strategy to spotlight different facets of the problem in three dimensions: Language, knowledge, and law.

scholarly journals The problem adherence to the rule and jurisprudence

2021 ◽  
pp. 84-98
Author(s):  
Nikita Konstantinovich Fedorinin
Keyword(s):  
Theoretical Analysis ◽  
Philosophy Of Language ◽  
Legal Norm ◽  
Legal Practice ◽  
Practical Application ◽  
The Subject ◽  
Theory Of Law

The discussion on application to law of the principle of adherence to the rule formulated in the works of L. Wittgenstein and S. Kripke has been going in the foreign theory of law since the late 1980s, and now has been joined by the Russian researchers. The article conducts a theoretical analysis and assessment of the positions and arguments expressed by the participants of this discussion, and sums up the results. The author examines the content of the principle of adherence to the rule in the philosophy of language, describes the methods of interaction between jurisprudence and philosophy, and problematizes the link between the principle of adherence to the rule in the philosophy of language and the subject of discussion. The work employs a wide variety of sources and philosophical concepts. The scientific novelty of this research consists in the following: 1) substantiation of the absence of link between the practical application to law of the principle of adherence to the rule raised in the discussion and the content of the principle of adherence to the rule in the philosophy of language; 2) description and analysis of the method of interaction of legal dogma and philosophy of language, the determining role that it plays in structuring the arguments of the participants in the discussion, as well as its defining role for the main outcome of the discussion – refusal to address the problem of adherence to the rule in legal dogma and legal practice; 3) determination of the importance of the principle of adherence to rule for the theory of law in the context of the ontology of legal norm.

Coincidence in Translation

Target ◽  
1991 ◽  
Vol 3 (1) ◽  
pp. 17-53 ◽  
Author(s):  
Robert de Beaugrande
Keyword(s):  
Language Use ◽  
Linguistic Theory ◽  
Target Language ◽  
Source Language ◽  
Language System ◽  
Communicative Context ◽  
And Linguistics

An important factor impeding the development of explicit theories of translation has been the centrality of coincidence. Skilled translating consists not of following rules or algorithms of equivalence, but of generating coincidences between the materials of the source language and those of the target language. Conventional aspirations of linguistic theory emphasize degrees of generality, uniformity and formality, which such an activity does not readily seem to fit. Also, language science and linguistics have consistently rated form over meaning and language system over communicative context, while translation is an activity in which meaning dominates over form, and context immediately controls and influences how the language system is used. Recent approaches to text and discourse are now striving to revise traditional theoretical aspirations in order to attain better models of language use, and may thus provide a basis for unifying theory with practice in translation.

The Cambridge Handbook of the Philosophy of Language

2021 ◽  
Keyword(s):  
Natural Language ◽  
Philosophy Of Mind ◽  
Philosophy Of Language ◽  
Argumentation Theory ◽  
Linguistic Relativity ◽  
Value Judgments ◽  
Language Philosophy ◽  
Wide Range ◽  
The Relationship ◽  
And Linguistics

The philosophy of language is central to the concerns of those working across semantics, pragmatics and cognition, as well as the philosophy of mind and ideas. Bringing together an international team of leading scholars, this handbook provides a comprehensive guide to contemporary investigations into the relationship between language, philosophy, and linguistics. Chapters are grouped into thematic areas and cover a wide range of topics, from key philosophical notions, such as meaning, truth, reference, names and propositions, to characteristics of the most recent research in the field, including logicality of language, vagueness in natural language, value judgments, slurs, deception, proximization in discourse, argumentation theory and linguistic relativity. It also includes chapters that explore selected linguistic theories and their philosophical implications, providing a much-needed interdisciplinary perspective. Showcasing the cutting-edge in research in the field, this book is essential reading for philosophers interested in language and linguistics, and linguists interested in philosophical analyses.

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