NDLI: Analogical Reasoning as Translation:: The Pragmatics of Transivity

Content Provider	Springer Nature Link
Author	Yovel, Jonathan
Copyright Year	2000
Abstract	This paper attempts to examine the underlying structure of analogical reasoning in decision making. The immediate (but not exclusive) context is the form of reasoning commonly seen as prevalent in common-law judicial decision making. Following Wittgenstein and Strawson the paper identifies the problem of the contingency of transitivity ofanalogical relations as a serious impediment to analogical reasoning. It then proceeds to offer a method of translation that delineates the borders of contingency and analyticity of transitivity in such cases, as well as proposeshow these borders may be manipulated. The theoretical insight is to treat analogical relations anaphorically, as ``propredicates''.Accordingly, the translation involves constructive functional transformation from the form of meaning as continuum to the form of meaning as n-chotomies. Greimasian semiotics are then critically applied to examine in what sense ``translation'' – in this specific sense – can count as the ``deep structure'' of analogical/transitive reasoning, and what sucha claim entails in terms of linguistic ideology. Although the model of translation is formal it is not acontextual, and must be supplemented by importation of constitutive practicalconsiderations (i.e. norms) from concrete decision-making contexts. As such this is a case study of the pragmatic functions offormalization – a conception that may seem alien to some. When determining which states-of-affairs are deemed compatible, the formal model is shown to serve as a framework to what eventually becomes a pragmatic device.
Starting Page	1
Ending Page	27
Page Count	27
File Format	PDF
ISSN	09528059
Journal	International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique
Volume Number	13
Issue Number	1
e-ISSN	15728722
Language	English
Publisher	Kluwer Academic Publishers
Publisher Date	2000-01-01
Publisher Place	Dordrecht
Access Restriction	One Nation One Subscription (ONOS)
Subject Keyword	Logic Philosophy of Law Applied Linguistics Sociolinguistics Law Theory/Law Philosophy
Content Type	Text
Resource Type	Article
Subject	Law Linguistics and Language

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