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- Title
Pragmatic Inferences and Moral Factors in Treaty Interpretation—Applying Experimental Linguistics to International Law.
- Authors
Pirker, Benedikt; Skoczeń, Izabela
- Abstract
The article argues, based on results from massive online survey experiments, that, just as the utterances from ordinary conversation, legal rules can convey a surplus meaning, which is more than just the amalgam of the meanings of the words which are employed in the legal rule's formulation. More precisely, the experiments check whether a typology of the types of this surplus meaning—pragmatic typology—describes adequately the psychological processing of, not only everyday speech, but also legal rules. In two experiments—total N = 733—we find that in morally neutral cases the pragmatic typology adequately describes the psychological processes involved in the interpretation of a legal rule. However, we also find that in morally valenced cases, it is rather the moral inferences carried by participants that shape the pragmatic inferences than the other way around.
- Subjects
INTERNATIONAL law; LINGUISTICS; SEMANTICS; SPEECH; TREATIES
- Publication
German Law Journal, 2022, Vol 23, Issue 3, p314
- ISSN
2071-8322
- Publication type
Article
- DOI
10.1017/glj.2022.22