International Law and Pragmatics. An Account of Interpretation in International Law

Smolka, Jennifer; Pirker, Benedikt

doi:10.14762/jll.2016.001

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B the Pragmatics Of Legal Interpretation1

Introduction1

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“…The pragmatic analysis of statutory texts rests on a basic presupposition, namely that the processes governing the relationship between sentential meaning and utterance (speaker's) meaning in ordinary conversation can also apply to legislative speech (Smolka and Pirker 2016). Conversation and legislation have in common that in both cases: (1) language is used; (2) communication is confined by topic or subject matter; and (3) utterances are purposive, namely their interpretation is constrained by considering the purpose of the speaker.…”

Section: B the Pragmatics Of Legal Interpretationmentioning

confidence: 99%

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Pragmatic Maxims and Presumptions in Legal Interpretation

2017

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Section: B the Pragmatics Of Legal Interpretationmentioning

confidence: 99%

“…This paper addresses the problem of designing a model of legal interpretation in which the different interpretive canons used in legal theory can be integrated within a broader linguistic theory (Smolka and Pirker 2016). Several approaches to statutory interpretation (see for instance, Tarello 1980;Hutton 2009, pp.…”

Section: Introductionmentioning

confidence: 99%