Publications
Publication details [#67367]
Visconti, Jacqueline. 2018. Interpreting "or" in legal texts . In Kryk-Kastovsky, Barbara and Dennis Kurzon, eds. Legal Pragmatics. (Pragmatics & Beyond New Series 288). John Benjamins. pp. 117–129.
Publication type
Article in book
Publication language
English
Keywords
Annotation
Reconstructing the meaning of a text is a complex operation, involving linguistic,
situational, inter-textual, cognitive, cultural, and ideological parameters. Due
to a well-known polarization in contemporary linguistic theory, the interpretation
process spans between an abstract “linguistic” meaning and a concrete
“communicative” meaning. The former is the result of combining the meanings
of the lexical units following the rules of syntax and punctuation, while the latter
results from inferential processes, where linguistic meaning is taken as a point of
departure and enriched with further information. The distinction between linguistic
and communicative meaning maps onto the boundary between semantics
and pragmatics, which can be seen as the conventional meaning of linguistic
units vs. the meaning inferred through the interaction of linguistic meaning with
context (Hansen 2008: 12ff.; Visconti 2014: 247ff.).
This chapter focuses on court decisions, a type of text in which the interplay
between semantics and pragmatics is particularly striking. It will investigate the
way in which the interpreter, i.e. the judge, takes the linguistic meaning as an
input (a set of instructions) and enriches it with further information by means
of prepositions or connectives, which are often neglected in the legal literature,
despite playing a crucial role in steering the interpretation.