Alessandro Capone

The problem of establishing the best interpretation of a speech act is of fundamental importance in argumentation and communication in general. A party in a dialogue can interpret another’s or his own speech acts in the most convenient ways to achieve his dialogical goals. In defamation law this phenomenon becomes particularly important, as the dialogical effects of a communicative move may result in legal consequences. The purpose of this paper is to combine the instruments provided by argumentation theory with the advances in pragmatics in order to propose an argumentative approach to meaning reconstruction. This theoretical proposal will be applied to and tested against defamation cases at common law. Interpretation is represented as based on a hierarchy of interpretative presumptions. On this view, the development of the logical form of an utterance is regarded as the result of an abductive pattern of reasoning in which various types of presumptions are confronted and the weakest ones are excluded. Conflicts of interpretations and equivocation become essentially interwoven with the dialectical problem of fulfilling the burden of defeating a presumption. The interpreter has a burden of explaining why a given presumption is subject to default, assuming that the speaker is reasonable and acting based on a set of shared expectations.

In this paper, I distinguish between linguistic and non-linguistic presuppositions. I also propose that we should be interested in conversational presuppositions, which could also be called speaker-meant presuppositions or speaker's presuppositions. I also distinguish between potential and actual presuppositions. I propose that, in some cases, presuppositions can be conversationally implicated and cancellation is possible. I specify what the hard cases are and I try to explain them through ontological considerations. I try to reduce the hard cases through (a) the notion that all actual presuppositions are speaker-meant; (b) the distinction between ontological and linguistic presuppositions; and (c) the uncontroversial notion that even ontological presuppositions are susceptible to semantic under-determination that has to be tackled though pragmatic intrusion. Pragmatic intrusion for presuppositional cases, however, cannot really amount to completing or expanding or in any case computing an explicature in an ordinary sense, as explicatures have to do with truth-conditions and aim to create propositionally complete forms that are truth-evaluable, unlike propositional fragments or schemata that are usually expressed in sentences (; , 2012). They are processes similar to explicatures, but since presuppositions are only pre-conditions for an utterance's being true or false (; Macagno; 2016; ; ), we cannot say that these processes are completely like those of explicatures. Nevertheless, they are pragmatically-motivated, even if hard to cancel. (See on lack of cancellability or on entrenched meanings.) This more or less brings my approach in line with contextualism (even if I accept semantic invariantism, along the lines of or (Invariantism is also shared by , in a form that is compatible with her contextualism.)).

This paper is an example of how contextual information interacts with the interpretation of noun phrases (NPs) in discourse. When we encounter an NP escorted by the definite article or a proper name, the expectation is triggered that the speaker is referring to some referent x that the hearer can normally identify. Strawson and Russell have agreed that a referent must be associated with a definite description so that the assertion containing it can be said to be true. In the case where a description does not refer to anything, the assertion is considered by Russell to be false, while Strawson says that the issue of truth or falsity does not arise. In this paper, we examine a case in which contextual information interacts with the interpretation of NPs in discourse and the hearer is not expected to identify a referent when hearing a proper name. In this case, the issue of truth or falsity does not arise, because the hearer does not identify the referent. In fact, s/he does not intend for the discourse to about a referent at all. These situations are primarily represented by sentences uttered during the course of a grammar lecture, in which the lecturer is explaining a rule of language and does not focus on external reality. The hearers are aware of this focus and do not process the NP (in general a proper name) to identify a specific referent. This discourse is of three types, which will be discussed at the end of this paper. Keywords: reference; pragmeme; presupposition; fictional discourse; exemplification acts

This volume is the second part of a project which hosts an interdisciplinary discussion about the relationship among law and language, legal practice and ordinary conversation, legal philosophy and the linguistics sciences. An international group of authors, from cognitive science, philosophy of language and philosophy of law question about how legal theory and pragmatics can enrich each other. In particular, the first part is devoted to the analysis of how pragmatics can solve problems related to legal theory: What can pragmatics teach about the concept of law and its relationship with moral, and, in particular, about the eternal dispute between legal positivism and legal naturalism? What can pragmatics teach about the concept of law and/or legal disagreements? The second part is focused on legal adjudication: it aims to construct a pragmatic apparatus appropriate to legal trial and/or to test the tenure of the traditional pragmatics tools in the field. The authors face questions such as: Which interesting pragmatic features emerge from legal adjudication? What pragmatic theories are better suited to account for the practice of judgment or its particular aspects? Which pragmatic and socio-linguistic problems are highlighted by this practice?

Indirect reports are segments of speech involving a dialogic dimension and thus studying them offers a chance to linguistics to appropriate again its original status as a theory that deals with linguistic signs and communication. The practice of indirect reporting intersects with a theory of knowledge, as, through the indirect report, knowledge is imparted on the basis of which the Hearer will decide whether to act or not and how s/he should take action. In this chapter, I discuss the issue of opacity and try to defend a pragmatic view of opacity in connection with indirect reports. I try to explain opacity pragmatically, although I accept that there are numerous exceptions one has to account for. In this paper, I also consider the issue of slurs, in terms of opacity of the pragmatic kind and I then accept that we have to consider the societal constraints on the use/mention of slurs.

In this paper, after outlining the general problem of the pragmatics of indirect reports, we dwell on two notoriously thorny problems: a) how do we interpret the pronominals contained in that-clauses of indirect reports; b) how do we interpret the presuppositions of that-clauses of indirect reports?. Theoretical considerations lead us in the direction of the idea that if two pragmatic principles clash, one should give way, but since we do not know which one has to give way, we should be prepared to accept that the strongest or highest-ranking principle will defeat the other. Here we encounter a Principle, which Capone brought our attention to, that is not usually discussed in pragmatic theories, but which seems to play a crucial role, at least sometimes:Do not expect the hearers and the speakers to do what is not possible for them to do. In this paper, we recognize that the problem of opacity is connected with the problem of voices: who is responsible for a given section of the utterance. Given the presence of polyphony, this problem can be resolved either through contextual clues or through pragmatic principles. We prefer to see the interplay of principles and contextual clues as one in which the interpretation process is pretty orderly, with general principles providing the defaults, while contextual clues occasionally defeat the defaults in certain problematic cases. However, the issue of responsibility, which we try to regiment through the Paraphrasis/Form-style principle, does not only concern the issue of opacity but also the issue of how to find a referent for indexical expressions contained in the that-clause of a report and and how to satisfy the presuppositions of the that-clause. In this case the Paraphrasis/Form-style Principle makes wrong predictions, which have to be rectified thanks to a different principle. The pragmatic theory we apply certainly needs some flexibility, but a flexibility which is not injected into the theory by a mechanical ordering of the rules, but by explaining why a certain principle takes precedence over another in terms of considerations of rationality.

In this chapter, I am going to discuss a very interesting case brought to our attention by Saul and references therein: NP-related substitution failure in simple sentences. Whereas it is well known that opacity occurs in intensional contexts and that in such contexts it is not licit to replace an NP with a co-referential one, one would not expect that substitution failure should also be exhibited by simple sentences in the context of stories about Superman. The suggested explanation of these cases is to posit an embedding explicature, that is to say the insertion of structure that ipso facto creates an intensional context capable of blocking substitution. I consider various complications to this story in the light of important objections by García-Carpintero and, finally, I consider how this story fares when one applies constraints on explicatures along the lines of those proposed by Hall in an interesting paper.In general, this chapter exploits interesting considerations by Norrick on the structural similarities between stories and indirect reports. Norrick believes there are important differences, but he is inclined to concede that we could study structural similarities. An important similarity, brought out by the examples discussed by Saul, is that the narrative frame, once it is inserted into the interaction, can be left implicit and, during the act of narrating or referring to the story, one need not repeat the words ‘the story says’ or ‘we are told that…’ every time. Although implicit, these words are heard because they do some work at the structural level, as is shown by this attempt to resolve an otherwise intractable philosophical problem. The explicatures of simple sentences are perceived because they are integrated into the speakers’/hearers’ perception of the overall plan of discourse, as Haugh most interestingly notes:As Haugh and Jaszczolt note, this means that any putative “communicative intention of A is embedded within his higher-order intention”. In other words, to figure out the implicature that evidently arises here, the participants are necessarily making inferences about some kind of overall aim. According to this view, then, inferences about the intended implicature arise concomitant with inferences about the overall aim of the speaker.It follows from the considerations by Haugh that, since the explicature connected with simple sentences depends on the perception of the overall aim or plan of the conversation, it is not easily cancelled. Readers can check by themselves that the explicatures due to simple sentences cannot be cancelled, as cancelling them would involve returning to illogical discourses.. Haugh’s considerations about the overall aim of the discourse are precious in explaining how the embedding explicatures I posit are calculated once and for all for the whole stretch of the discourse framed by the narrative act.

In this paper, I deal with implicit indirect reports. First of all, I discuss implicit indirect reports involving the first person. Then, I prove that in some cases second person reports are implicit indirect reports involving a de se attribution. Next, I draw analogies with implicit indirect reports involving the third person. I establish some similarities at the level of free enrichment through which the explicature is obtained and I propose that the explicature is syntactically active, given that it sanctions anaphora.

This volume addresses the intriguing issue of indirect reports from an interdisciplinary perspective. The contributors include philosophers, theoretical linguists, socio-pragmaticians, and cognitive scientists. The book is divided into four sections following the provenance of the authors. Combining the voices from leading and emerging authors in the field, it offers a detailed picture of indirect reports in the world’s languages and their significance for theoretical linguistics. Building on the previous book on indirect reports in this series, this volume adds an empirical and cross-linguistic approach that covers an impressive range of languages, such as Cantonese, Japanese, Hebrew, Persian, Dutch, Spanish, Catalan, Armenian, Italian, English, Hungarian, German, Rumanian, and Basque.

The recent debate on pragmatics and the law has found ways to circumvent an important distinction, originally drawn by Dascal and Wróblewski, between the historical law-maker, the current law-maker, and the ideal/rational law-maker.1 By insisting on the relationship between the rational law-maker and contextualism and textualism, I want to redress this fault in current discussions. In this paper, I start with general considerations on pragmatics, intentionality in ordinary conversation, and intentionality in the context of judiciary proceedings and legal texts. I then move on to considerations on rationality as a prerequisite for understanding the law and on the rational law-maker, an ideal construct proposed by Dascal and Wróblewski. I argue that contextualism is the best way to carry out the program by Dascal and Wróblewski on interpretation and the rational law-maker ;. I argue that bearing in mind the rational law-maker postulated by Dascal and Wróblewski is a guidance to interpretation of statutes whose texts create interpretative difficulties. I conclude by saying that the considerations on the rational law-maker constitute a compromise between Scalia’s textualism and contextualism.

In this chapter I deal with indirect reports in terms of language games. I try to make connections between the theory of language games and the theory of indirect reports, in the light of the issue of clues and cues. Indirect reports are based on an interplay of voices. The voice of the reporter must allow hearers to ‘reconstruct’ the voice of the reported speaker. Ideally, it must be possible to separate the reporter’s voice from that of the reported speaker. When we analyze the language game of indirect reporting, we ideally want to establish which parts belong to the primary voice and which parts belong to the reporter’s voice. In this paper I apply considerations on language games by Dascal et al. and I explore the dialectics between abstract pragmatics principles and considerations about situated uses that are sensitive to cues and clues.

In English, we use the word "I" to express thoughts that we have about ourselves, and we use the reflexive pronouns "himself" and "herself" to attribute such thoughts to others. Philosophers and linguists call such thoughts, and the statements we use to express them, de se. De se thoughts and statements, although they appear often in our day-to-day lives, pose a series of challenging problems for both linguists and philosophers. This interdisciplinary volume examines the structure of de se thought, various issues concerning the semantics and pragmatics of our discourse about it, and also what it reveals about how humans think about themselves and the world around them.

In this paper, I explore Bach’s idea (Bach, 2000) that null appositives, intended as expanded qua-clauses, can resolve the puzzles of belief reports. These puzzles are crucial in understanding the semantics and pragmatics of belief reports and are presented in a section. I propose that Bach’s strategy is not only a way of dealing with puzzles, but also an ideal way of dealing with belief reports. I argue that even simple unproblematic cases of belief reports are cases of pragmatic intrusion, involving null appositives, or to use the words of Bach, ‘qua-clauses’. The main difference between my pragmatic approach and the one by Salmon (1986) is that this author uses the notion of conversational implicature, whereas I use the notion of pragmatic intrusion and explicature. From my point of view, statements such as ‘‘John believes that Cicero is clever’’ and ‘‘John believes that Tully is clever’’ have got distinct truth-values. In other words, I claim that belief reports in the default case illuminate the hearer on the mental life of the believer, that includes specific modes of presentation of the referents talked about. Furthermore, while in the other pragmatic approaches, it is mysterious how a mode of presentation is assumed to be the main filter of the believer’s mental life, here I provide an explanatory account in terms of relevance, cognitive effects, and processing efforts. The most important part of the paper is devoted to showing that null appositives are required, in the case of belief reports, to explain certain anaphoric effects, which would otherwise be mysterious. My examples show that null appositives are not necessitated at logical form, but only at the level of the explicature, in line with the standard assumptions by Carston and Recanati on pragmatic intrusion. I develop a potentially useful analysis of belief reports by exploiting syntactic and semantic considerations on presuppositional clitics in Romance.