Just saying, just kidding: Liability for accountability-avoiding speech in ordinary conversation, politics and law
-
Elisabeth Camp
Abstract
Mobsters and others engaged in risky forms of social coordination and coercion often communicate by saying something that is overtly innocuous but transmits another message ‘off record’. In both ordinary conversation and political discourse, insinuation and other forms of indirection, like joking, offer significant protection from liability. However, they do not confer blanket immunity: speakers can be held to account for an ‘off record’ message, if the only reasonable interpretations of their utterance involve a commitment to it. Legal liability for speech in the service of criminal behavior displays a similar profile of significant protection from indirection along with potential liability for reasonable interpretations. Specifically, in both ordinary and legal contexts, liability depends on how a reasonable speaker would expect a reasonable hearer to interpret their utterance in the context of utterance, rather than on the actual speaker’s claimed communicative intentions.
Abstract
Mobsters and others engaged in risky forms of social coordination and coercion often communicate by saying something that is overtly innocuous but transmits another message ‘off record’. In both ordinary conversation and political discourse, insinuation and other forms of indirection, like joking, offer significant protection from liability. However, they do not confer blanket immunity: speakers can be held to account for an ‘off record’ message, if the only reasonable interpretations of their utterance involve a commitment to it. Legal liability for speech in the service of criminal behavior displays a similar profile of significant protection from indirection along with potential liability for reasonable interpretations. Specifically, in both ordinary and legal contexts, liability depends on how a reasonable speaker would expect a reasonable hearer to interpret their utterance in the context of utterance, rather than on the actual speaker’s claimed communicative intentions.
Chapters in this book
- Frontmatter I
- Contents VII
- Introduction: On lying and disleading 1
-
I Lies and deception: The landscape of falsehood
- Lying, deception, and related concepts: A conceptual map for ethics 15
- The morality of deception 41
- Kant tell an a priori lie 65
-
II Lying, deception, and speaker commitment: Empirical evidence
- Is lying morally different from misleading? An empirical investigation 89
- “I was only quoting”: Shifting viewpoint and speaker commitment 113
- Memefying deception and deceptive memefication: Multimodal deception on social media 139
-
III Puffery, bluffery, bullshit: How to not quite lie
- Bald-faced bullshit and authoritarian political speech: Making sense of Johnson and Trump 165
- Practice to deceive: A natural history of the legal bluff 195
- Just saying, just kidding: Liability for accountability-avoiding speech in ordinary conversation, politics and law 227
-
IV Crossing the perjury threshold: Deceit and falsehood in the courtroom
- Perjury cases and the linguist 261
- Trickery and deceit: How the pragmatics of interrogation leads innocent people to confess – and factfinders to believe their confessions 289
- The context of mistrust: Perjury ascriptions in the courtroom 309
- What counts as a lie in and out of the courtroom? The effect of discourse genre on lie judgments 353
- Lies, deception, and bullshit in law 381
- Index 409
Chapters in this book
- Frontmatter I
- Contents VII
- Introduction: On lying and disleading 1
-
I Lies and deception: The landscape of falsehood
- Lying, deception, and related concepts: A conceptual map for ethics 15
- The morality of deception 41
- Kant tell an a priori lie 65
-
II Lying, deception, and speaker commitment: Empirical evidence
- Is lying morally different from misleading? An empirical investigation 89
- “I was only quoting”: Shifting viewpoint and speaker commitment 113
- Memefying deception and deceptive memefication: Multimodal deception on social media 139
-
III Puffery, bluffery, bullshit: How to not quite lie
- Bald-faced bullshit and authoritarian political speech: Making sense of Johnson and Trump 165
- Practice to deceive: A natural history of the legal bluff 195
- Just saying, just kidding: Liability for accountability-avoiding speech in ordinary conversation, politics and law 227
-
IV Crossing the perjury threshold: Deceit and falsehood in the courtroom
- Perjury cases and the linguist 261
- Trickery and deceit: How the pragmatics of interrogation leads innocent people to confess – and factfinders to believe their confessions 289
- The context of mistrust: Perjury ascriptions in the courtroom 309
- What counts as a lie in and out of the courtroom? The effect of discourse genre on lie judgments 353
- Lies, deception, and bullshit in law 381
- Index 409
