![handle is hein.journals/jlangaw3 and id is 1 raw text is:
)LL3 (2014): 1-19
Some say this, some say that: Pragmatics
and discourse markers in Yad Malachi's
interpretation rules
Benjamin Brown Hebrew University ofierusalem
Abstract
The common formulations of'some say p and some say q' (and the related variations) reflect the
compositional relationships between the four pragmatic premises that I initially presented: 'Some'
as a formula, which diminishes the quantitative weight of those holding a position; the
commutativity of'and'; the pragmatic non-com mutativity of'but'; and the possibility of replacing
'but' by 'and'. These premises underlie halakhic decision rules discussed by R. Malachi HaCohen
Montefoscoli (1695-1772) of Livorno and previous sources which he brings in his classic book Yad
Malachi (Livorno, 1766-1767). This exemplifies a broader phenomenon: certain parts of the
halakhic rules literature include rules that embody pragmatic assumptions. Because the rules of
interpretation consist of a higher linguistic awareness than that of everyday discourse, pragmatic
analysis of these rules may enrich pragmatics as a whole, with insights they raise from ancient
sources, even if not formulated as part of a full-fledged pragmatic study.
1. Some say as a legal and linguistic problem
In the framework of discourse, the speaker often raises differing opinions, ostensibly
without deciding between them. There are different formulations of such statements, such
as: Si says p, and Sz says q; Si says p, but there are those who disagree with him, or
Some say p and some say q. In terms of the propositional meaning, the speaker seems
indifferent regarding the final decision. However, analyzing these statements using
pragmatic tools can reveal the implicatures regarding his concealed preferences, and, quite
often, his decision between the two opinions. Pragmatic theory, especially research on
discourse markers, generally seeks to do this through life text analysis taken from
everyday discourse, however, this can similarly be learned through the analysis of legal
texts, especially through legal decision rules. These rules reflect, through a partial and semi-
formulated linguistic awareness, the pragmatic assumptions of legal interpretation, which
seek to restore the intent of the original legislators. In this article, I will present a pragmatic
analysis of seven decision rules as formulated in one of the most important halakhic rule
books, Yad Malachi, by Rabbi Malachi HaCohen Montefoscoli (1695-1772) of Livorno. [1]
Halakhic literature is an outstanding legal work in many respects. It presents its
DOI: 10.14762/jii.2014.001](ViewImageLocal?handle=hein.journals/jlangaw3&div=1&collection=&method=preview&ext=.png&size=3)
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