Preview
Preview

Grice's cooperative principle in the legal system Essay

:: 9 Works Cited
Length: 3416 words (9.8 double-spaced pages)
Rating: Green      
Open Document
Need writing help? Check your paper »



- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

H. P. Grice, in his theory of conversational implicature, demonstrated the heavy reliance of linguistic communication on contextual cues (Grice, 1975). In “Logic and Conversation” (1975), he states, “Make your conversational contribution such as is required, at the stage at which it occurs, by the accepted purpose or direction of the talk exchange in which you are engaged.” This Cooperative Principle (CP) asserts that participants in a conversation will tailor their contributions to the conversation to further its purpose. Most conversations do follow the cooperative principle in that the speaker wants to convey her intention and the listener wants to understand the speaker’s intention. Situations in which the cooperative principle is not in place are more unusual or contrived. The legal system in the United States can create situations in which participants of a conversation are not operating under the CP. While the court’s purpose is ostensibly to discover truth and serve justice, the prosecution and defense are clearly at odds in the purpose of their utterances. In this essay, I will explore ways in which lawyers, witnesses, law enforcement officials and suspects exploit the tension between the artificial environment of the courtroom with its strictly defined rules and the expected norms of conversation for their own ends.
The first example in which attorneys and witnesses manipulate expectations is through implicature. Grice defined the concept of an “implicature” as something different from the literal meaning of the sentences uttered that occurs when participants of a conversation are observing the CP. Grice defined four basic rules falling under the Cooperative Principle:
1. Maxim of Quality – Be truthful
2. Maxim of Quan...


... middle of paper ...


...o.stanford.edu/archives/spr2013/entries/implicature/.

Grice, H. P. (1975). Logic and Conversation. In A. P. Martinich (Ed.). The Philosophy of Language (pp. 171-181). New York: Oxford University Press.

Searle, J. R. (1975). Indirect Speech Acts. In A. P. Martinich (Ed.). The Philosophy of Language (pp. 182-195). New York: Oxford University Press.

Shuy, R.W. (2005). Creating Language Crimes: How Law Enforcement Uses (and Misuses) Language. New York: Oxford University Press.

Shuy, R.W. (1993). Language Crimes: The Use and Abuse of Language Evidence in the Courtroom. Cambridge, MA: Blackwell.

Solan, L. M. and Tiersma, P. M. (2005). “Consensual” Searches. Speaking of Crime: The Language of Criminal Justice (pp. 35-52). Chicago: University of Chicago Press.

Tiersma, Peter. (1999). The Language of Perjury, Retrieved from http://www.languageandlaw.org/PERJURY.HTM



Click the button above to view the complete essay, speech, term paper, or research paper

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »







This essay is 100% guaranteed.


Title Length Color Rating  
Essay Grice’s Theory of Implicature - Grice’s theory of implicature centers on what he has named the “Cooperative Principle,” and how it relates directly to conversational implications that occur in our daily speech. In the implicature section of his essay “Logic and Conversation,” Grice explains that there are common goals of conversation that we try to achieve within our discussions. For example, some of these common goals are that there is a shared aim of the conversation, each person’s contributions to the conversation should be dependent upon each other, and the conversation continues until it is mutually agreed that it is over....   [tags: Cooperative Principle] 2035 words
(5.8 pages)
Strong Essays [preview]
Benefits of the Common Law legal System Essay - A legal system is a system used for interpreting and enforcing the laws. The most original or commonly know legal system that has shaped much of what exists today is know as the Common Law. There are three major legal systems of legal procedure; each having their own set of rules called criminal procedure guidelines. These three systems are the adversarial, inquisitorial, and popular (mixed) systems of criminal procedure (Dammer & Albanese, 2011). The adversarial system is a legal system used in the Common Law countries, such as England and the United States, where two advocates represent their parties’ positions before an impartial person or group of people, usually a jury or judge, who att...   [tags: politics, legal system]
:: 6 Works Cited
2129 words
(6.1 pages)
Powerful Essays [preview]
The Role of Paralegals in the Legal System Essay - Justice. It is something that everyone wants, something that we strive for, even something that sparks. However, when we think of lawyers, we think of superheroes with an expensive education, walking into the courtroom and serving up justice. What no one thinks of is the person that helped the lawyer get there, the paralegal that prepares the necessary documents, the paralegal that makes sure his or her attorney is at the right place at the right time. A paralegal is crucial and in some cases vital to our justice system yet they are so often over looked....   [tags: Legal Assistant]
:: 5 Works Cited
1742 words
(5 pages)
Powerful Essays [preview]
Essay on The Purpose of Tort Law in the Irish Legal System - In this essay I will endeavour to outline what the intended purpose of tort law is in the Irish legal system and how it has come about over centuries. I will include a brief outline of the meaning of tort law and the different kinds of Tort, I will also include a brief summary of the sister laws of tort, that being criminal and contract law. The word tort is the equivalent of the French word that means ‘wrong’. This word ‘tort’ was derived from the Latin word ‘tortum’, translated this means twisted, crooked or wrong....   [tags: legal issues, english law, normans]
:: 15 Works Cited
2424 words
(6.9 pages)
Powerful Essays [preview]
Analyzing Ethics in the US Legal System Essay - In the legal system of the United States, there are many controversial topics and crises that have no one solution. Following suit, there is the question of ethics that exists within such an ideology. Some think that the current way of thinking is a sufficient way to run a country; others see changes that need to be executed immediately. The fact of the matter is as such, no one social institution is perfect. Therefore, the legal system is not expected to be flawless and the epitome of ethical conduct....   [tags: political and legal phylosophy]
:: 3 Works Cited
1342 words
(3.8 pages)
Strong Essays [preview]
Rape and the Corrupt Legal System of the American Colonies Essays - The meaning and penalties of rape have progressed throughout the history of America to ensemble the mindset of the time. Records show that a man in the seventeenth century was convicted of attempted rape if "he used enticement and then force toward a woman, driven by the sinful lusts that raged within him...and he allowed her...to scare or fight him off" (Dayton 238). Unfortunately, this definition was not always taken at face value. The leading men of the seventeenth century, likely white men, reformed this definition in a variation of ways to work in their favor when suspected of rape....   [tags: legal issues, colonial times]
:: 5 Works Cited
1972 words
(5.6 pages)
Term Papers [preview]
Miranda Rights in Our Legal System Essay - Does the Miranda Rights benefit the defendant too much where as the courts throw out voluntary confessions. The Fifth Amendment clearly states "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia. (U.S Constitution Fifth Amendment) When arresting citizens, officers must inform the individual of his or her rights or the statement that was said will be disregarded in the court of law....   [tags: Court Legal System Miranda Rights Incrimination] 1956 words
(5.6 pages)
Powerful Essays [preview]
Inaccurate View of the Legal System Essay - Although often interpreted differently by individuals, legal rights, human rights and the jury system are essential features of the legal system. Nielsen believes that the main purpose of rights is to protect individuals, while Hajjar portrays the objective of the legal system as recognizing and respecting certain inherent human rights. Further, Dooley understands the jury system as essential for ensuring a democratic and fair trial procedure. As rights and the jury system are viewed according to these varying objectives, it seems there is a general assumption that the legal system is intended to protect individuals from the power of the government....   [tags: Law Jury System]
:: 3 Works Cited
1760 words
(5 pages)
Strong Essays [preview]
Justice in the Legal System Essay - Justice in the Legal System Justice, as defined by Webster’s Dictionary is the quality of being fair or just. This implies that justice would have something to do with being fair. I thought that if one of the things the law and legal system are about is maintaining and promoting justice and a sense of fairness, they might not be doing such a great job. An eye for an eye is fair. No, that would be too easy, too black and white. I could cite several examples where I thought a judge’s or jury’s ruling was unfair, however I will not simply due to the fact that this is to be about what justice is to me and not what justice was to the particular courtroom situation....   [tags: Justice System Laws Crimes Essays] 649 words
(1.9 pages)
Good Essays [preview]
Essay on The Harm Principle in the 21st Century - The Harm Principle in the 21st Century I intend to reassess the main criticisms levelled against John Stuart Mill's, Harm Principle. I will argue that his Principle has, with the benefit of hindsight, had a positive rather than negative influence upon society and given a framework within which citizens can be free to accept or reject options. I will show that, On Liberty is as significant today as when it was first published. Mill's Harm Principle says that, other things being equal, we should be free from interference either by the state or an individual....   [tags: John Stuart Mills Harm Principle Essays]
:: 6 Works Cited
3458 words
(9.9 pages)
Powerful Essays [preview]