Seminar with Francesca Poggi: The conversational model. On the difference between legal interpretation and ordinary understanding
About this Event
This is an on-line seminar co-organized by Law-Language-Philosophy Research Network, Jagiellonian University. It will take place via Zoom on 25th February 2021 . To get the link and a text to be pre-read before the event, please register on Eventbrite (until 23rd February 2021). In case you have any question, please contact the host: izabela.skoczen@uj.edu.pl
ABSTRACT:
Currently in legal theory, there exists a widespread thesis, according to which legislation is a form of intentional communication that is similar, if not identical, to ordinary conversation, and therefore legal interpretation does not significantly differ from ordinary understanding. In particular, the so-called conversational model claims that legal interpretation and ordinary understanding are articulated according to an analogous process, governed by similar inferential rules: specifically, both fit with a pattern that can be traced back to Paul Grice’s thesis. This book aims to examine similarities and differences between ordinary conversation and legal interpretation, taking Grice’s theory of conversational implicatures as a point of comparison. In particular, the purpose of this book is twofold.
Firstly, it aims to support that Grice’s theory, despite some internal problems, is a good explanatory model for everyday conversation, including everyday normative conversation.
Secondly, it aims to argue that this model is not suitable for legal interpretation. The book contends that the opposite theses are based on some fundamental misunderstandings of the model in question and/or ignore the peculiarities of legal practice. Conversely, the failure of the Gricean model allows some specific features of this practice to emerge.
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This seminar is a free event, a research action was funded by grant no 2018/30/M/HS5/00254 (Harmonia, Polish National Centre for Science)
Register at: https://www.eventbrite.co.uk/e/llprn-on-line-seminar-the-conversational-model-on-the-difference-tickets-133968941711