Henrike Jansen
Leiden University, the Netherlands
Silence as conversational implicature. On the value of a Gricean perspective on legal interpretation
ABSTRACT: Argumentation theorist Douglas Walton and legal theorist Taco Groenewegen have recently argued for the adoption of a Gricean perspective on legal argumentation in general (Walton) and e contrario reasoning in particular (Groenewegen). In their view, an interpretation of a legal rule can be based on the reasoning that if one follows the opposed interpretation, the legal rule would constitute a violation of a Gricean postulate. In this paper it is argued that although a Gricean perspective offers a clear analysis of the considerations upon which a legal interpretation is based, it does not provide insights not yet known in jurisprudence. Furthermore, additional legal considerations remain necessary in order to analyse and evaluate legal argumentation in which an interpretation of a legal rule is defended.
KEYWORDS: conditional perfection, cooperative principle, e contrario reasoning, Gricean postulates, implicature, legal interpretation, legal argumentation, methods of interpretation