Uses of Language

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    LANGUAGE

    Legal Techniques and Logic

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    ONE WAY WE USELANGUAGE IS TO REASON

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

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    THE PURPOSE OF LOGIC IS TO IMPROVE OUR CRITICAL

    THINKING

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    TO THINK CRITICALLY IS TO:

    Recognize

    Construct

    Analyze

    Evaluate

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    T H R E E BA S I C F U N C T I O N S O FLANGUAGE

    Informative Language Function: essentially, the communicationof information.

    a. affirms or denies propositionsb. 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.)

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    T H E R E A R E I N T E L L I G E N T L I F EF 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.

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    T H R E E BA S I C F U N C T I O N S O FLANGUAGE

    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 expressionemotions, 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!)

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    T H R E E BA S I C F U N C T I O N S O FLANGUAGE

    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.

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    DISCOURSE SERVINGMULTIPLE FUNCTIONS

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    D I S C O U R S E D E S C R I B E S C O M M U N I C AT I O N

    I N C L U D I N G T H E U S E O F S P O K E N , W R I T T E N ,S I G N E D L A N G U A G 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 oftendemands some presentation of attitude or feeling otherwise the work mightbe dull.

    Most ordinary kinds of discourse are mixed. (Ex. Full text cases)Facts of the Case (informative)Ratio decidendi (informative,expressive)Decision (directive)

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    OTHER USES OF LANGUAGE:

    1. Ceremonial (also ritual language use) different from simply mixing theexpressive and directive language functions because performative aspects areincluded 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 conversationsaccomplishing a social task. (Ex. Hi How are you?)

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    FORMS OF DISCOURSE

    Types of Sentences

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    FORMS OF DISCOURSE

    Declarative states an idea. They end with a period. For example:

    Exclamatory show strong emotions. They end with anexclamation.

    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.

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    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.

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    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 timeto stop for a lunch break.

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    FORMS OF DISCOURSE

    Sentence Type Informative Expressive Directive

    Declarative The room is cool. I had a nice time. I would like some

    coffee.Interrogative But isnt this

    room 222A?Isnt that great? Dont you want

    to help me?

    Imperative Read pages 1-10for the test.

    Have a nice day. Shut the windows.

    Exclamatory The universe isbounded!

    Im really glad! Its late!

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    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 functionsrelevant to the situational context.

    Ex 3. A person who says to the waiter, I would like a cup of coffee, isnot 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.

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    4. EMOTIVE WORDS

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    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.

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    Emotively Neutral LanguageFor our purposes in assessing the validity of deductive

    arguments and the reliability of inductive reasoning, it willbe most directly helpful to eliminate emotive meaningentirely whenever we can. Although it isn't always easy toachieve emotively neutral language in every instance,and the result often lacks the colorful character of our usual public discourse, it is worth the trouble andinsipidity because it makes it much easier to arrive at asettled understanding of what is true.In many instances, the informal fallacies we will consider next result from an improper use of emotionally chargedlanguage in the effort to persuade someone to accept aproposition at an emotional level, without becomingconvinced that there are legitimate grounds for believingit to be true.