LANGUAGE

Legal Techniques and Logic

ONE WAY WE USE LANGUAGE IS TO REASON

It is this use of language with which logic is primarily concerned.

THE PURPOSE OF LOGIC IS TO IMPROVE OUR CRITICAL THINKING

T O T H I N K C R I T I C A L LY I S T O :
Recognize Construct Analyze Evaluate

T H R E E BA S I C F U N C T I O N S O F L A N G UAG E
Informative Language Function: essentially, the communication of information. a. affirms or denies propositions b. used to describe the world or reason about it (e.g. whether a of affairs has occurred or not or what might have led to it). c. These sentences have a truth value; that is the sentences are either true or false (recognizing of course, that we might not know what truth value is.)

THERE ARE INTELLIGENT LIFE F O R M S I N O T H E R G A L A X I E S.

It may be the case that there are no life forms of any kind in any other galaxy. If so, the sentence expresses something false. Or There may be myriad forms of life throughout the universe, many of which are far beyond us in intelligence. If so, the sentence expresses something true.

T H R E E BA S I C F U N C T I O N S O F L A N G UAG E
Expressive Language Function: reports feelings or attitudes of the writer (or speaker), or of the subject, or evokes feelings in the reader (or listener).
a. Poetry and literature are among the best examples, but much of, perhaps most of, ordinary language discourse is the expression emotions, feelings or attitudes. b. Two main aspects: (1) evoking certain feelings and (2) expressing feelings c. Expressive discourse, is best regarded as neither true nor false. (Ex. King Lears lament, Ripeness is all!)

T H R E E BA S I C F U N C T I O N S O F L A N G UAG E
Directive Language Function: language used for the purpose of causing (or preventing) overt action. a. Most commonly found in commands and requests. b. Directive language is not normally considered true or false. c. Example: Close the windows.

DISCOURSE SERVING MULTIPLE FUNCTIONS

DISCOURSE DESCRIBES COMMUNICATION IN CLUD IN G T HE US E OF S POKEN, W RIT T EN, S I G N E D L A N G UAG E , V I S UA L A N D O R A L M E D I A

It is rare for discourse to serve only one function; even a scientific treatise, logical clarity is required, but, at the same time, ease of expression often demands some presentation of attitude or feeling otherwise the work might be dull. Most ordinary kinds of discourse are mixed. (Ex. Full text cases) Facts of the Case (informative) Ratio decidendi (informative,expressive) Decision (directive)

O T H E R U S E S O F L A N G UAG E :
1. Ceremonial (also ritual language use) different from simply mixing the expressive and directive language functions because performative aspects are included as well. (Ex. Dearly beloved, we are gathered here together to witness the holy matrimony of) 2. Performative utterances language which performs the action it reports. (Ex. Congratulate, apologize, accept) 3. Phatic language elevator talk and street-corner conversations accomplishing a social task. (Ex. Hi How are you?)

FORMS OF DISCOURSE
Types of Sentences

FORMS OF DISCOURSE
Declarative states an idea. They end with a period. For example: Exclamatory show strong emotions. They end with an exclamation. Interrogative - ask a question. They end with a question mark. Imperative - give orders or directions, and so end with a period or an exclamation mark.

FORMS OF DISCOURSE
The danger of identifying form with the function in the use of language one cannot always identify the form with the function. Ex 1. A sentence used informatively is usually, but not always, a declarative sentence. If we wish not only to inform, but also to add emphasis to the information, we might use an exclamatory sentence.

FORMS OF DISCOURSE
Ex 2. A worker might say to the foreman, Is it already noon? The purpose is not to inquire, but to tell the foreman that it is time to stop for a lunch break.

FORMS OF DISCOURSE
Sentence Type Declarative Interrogative Informative Expressive Directive I would like some coffee. Dont you want to help me? The room is cool. I had a nice time. But isnt this room 222A? Isnt that great?

Imperative
Exclamatory

Read pages 1-10 for the test.

The universe is bounded!

Have a nice day.

Im really glad!

Shut the windows.

Its late!

FORMS OF DISCOURSE
The importance of the differentiation of functions is shown by recognizing that the correct evaluation of a passage requires a knowledge of the functions relevant to the situational context. Ex 3. A person who says to the waiter, I would like a cup of coffee, is not reporting a psychological state of affairs. It would be inappropriate for the waiter to respond with, Speaking of things one would like, Id rather have a BMW.

4. EMOTIVE WORDS

What are Emotive Words? ones which appeal to our emotions that can sway opinions and influence our decisions. Readers and listeners reactions to emotive

words always rely heavily upon their experiences and backgrounds.

Literal and Emotive Meaning:

Even single words or short phrases can exhibit the distinction

between purely informative and partially expressive uses of languages. Many of the most common words and phrases of any language have both a literal or descriptive meaning that refers to the way things are and an emotive meaning that expresses some (positive or negative) feeling about them. This the choice of which word to use in making a statement can be used in hopes of evoking a particular emotional response.

Kinds of Agreement and Disagreement

Agreement in belief and agreement in attitude: There aren't

any problems in this instance, since both parties hold the same positions and have the same feelings about them. Agreement in belief but disagreement in attitude: This case, if unnoticed, may become the cause of endless (but pointless) shouting between people whose feelings differ sharply about some fact upon which they are in total agreement. Disagreement in belief but agreement in attitude: In this situation, parties may never recognize, much less resolve, their fundamental difference of opinion, since they are lulled by their shared feelings into supposing themselves allied. Disagreement in belief and disagreement in attitude: Here the parties have so little in common that communication between them often breaks down entirely.

Emotively Neutral Language For our purposes in assessing the validity of deductive arguments and the reliability of inductive reasoning, it will be most directly helpful to eliminate emotive meaning entirely whenever we can. Although it isn't always easy to achieve emotively neutral language in every instance, and the result often lacks the colorful character of our usual public discourse, it is worth the trouble and insipidity because it makes it much easier to arrive at a settled understanding of what is true. In many instances, the informal fallacies we will consider next result from an improper use of emotionally charged language in the effort to persuade someone to accept a proposition at an emotional level, without becoming convinced that there are legitimate grounds for believing it to be true.