Assignment pdf

1. Discuss the relevance theory and use it to analyze a sample of naturally occurring discourse 2. Citing examples from the recently delivered judgements in the Kenyan courts, such as the housing levy, the murder of Monica kimani by joseph irungu, a.k.a Jowie, among others discuss the structure and components of the language of law RELEVANCE THEORY. Relevance theory a cognitive theory of human communication by D. Sperber and D. Wilson (1986). Its is a cognitive pragmatic approach to communication that focuses on the human capacity to search for relevant information (Hu, 2009). It is based on the idea that the human mind selects the most relevant interpretation of a stimulus in a specific context, considering the potential benefit and mental effort involved. According to Richard Nordquist English and Rhetoric Professor in the fields of pragmatics and semantics, relevance theory is the principle that the communication process involves not only encoding, transfer, and decoding of messages, but also numerous other elements, including inference and context. It is also called the principle of relevance. but it really emerged in the late seventies and early eighties as a cognition centered alternative to Grice’s cooperation-ruled explanation of human communication The main assumption of the theory is that human beings are endowed with a biologically rooted ability to maximize the relevance of in-coming stimuli (linguistic utterances or nonverbal behavior). Relevance is not only a typical property of external stimuli (e.g. utterances), but also of internal representations and thoughts, all of which may become inputs for cognitive processing. Assessing relevance is a typical mental activity of human beings, always geared to obtaining the highest reward from the stimuli which they process. This biological endowment is the result of an evolution in the architecture and complexity of the human mind and part of a general human ability to meta-represent(meta-representational) intention to communicate the intention to inform the interlocutor of something ) one’s and other people’s thoughts and intentions: “As a result of constant selection pressure towards increasing efficiency, the human cognitive system has developed in such a way that our perceptual mechanisms tend automatically to pick out potentially relevant stimuli, our memory retrieval mechanisms tend automatically to activate potentially relevant assumptions, and our inferential mechanisms tend spontaneously to process them in the most productive way” (W&S, 2002a: 254). At the same time, this endowment allows for the manipulation of other 2 people’s thoughts and allows us to predict what information is likely to be relevant to them and what interpretive steps might be involved in its processing. Key Concepts This theory can be summarized into four ideas that;.

(a) the decoded meaning of the sentence is compatible with a number of different interpretations in the same context (b) these interpretations are graded in terms of accessibility (c) hearers rely on a powerful criterion when selecting the most appropriate interpretation; (d) This criterion makes it possible to select one interpretation among the range of possible interpretations, to the extent that, when a first interpretation is considered a candidate to match the intended interpretation, the hearer will stop at this point. A. Code Versus Inference Unlike code model where messages are viewed as being simply encoded and decoded, with a focus on the grammatical structure of language. This model suggests a more direct and literal transmission of information without significant emphasis on inferential processes. Relevance Theory favors an inferential model where decoding plays a lesser role compared to the inferential activity of the interpreter. Communication is seen as a process where utterances serve as evidence of the speaker's intended meaning, requiring the hearer to engage in inferential processes to derive the full meaning beyond the literal message. B. Reaction to post Gricean theory There is an important part of Grice's works which shows that the roles of intentions in human communication are very significant and intentions are mental representations of the desirable goals. This duality is the captain of the interpretive model of communication. At the core of Grice's theory is the understanding that the listener translates the speaker's communicative actions as inferring what the speaker's intention is, which is an exclusively human ability we share for knowledge about minds. Therefore, it is the case that scholars, such as S&W, do not subscribe to the sharp depiction of human reasoning in deriving implicatures, as was given by Grice. According to S&W, the fact that Grice considered intentions as a fundamental aspect of communication to a degree that it could take place in the absence of a specific code confirms this point. This is what they acknowledge as the sole task of a communicator which is to ensure that the intended thought is conveyed and it is perceived as intended by the recipient. Therefore, S&W distinguish two levels of intention: informative which is an intention to inform the hearer of something and communicative which is the intention to inform the addressee of that informative intention RT describes how the listener infers the speaker's intended meaning based on the encoded meaning of the sentence, drawing on another key idea from Grice: that by producing utterances (speaking directly) we automatically set the tone for the message that inserts expectations and seeks an explanation from the listener. Yet, Grice claimed that these expectations are based on.

the principle of his cooperative theory and its guidelines whereas according to RT these expectations are cognitive and did not them depend on the cooperative principle According to S&W, it does not always have to be in line with Grice’s maxims, especially Principle of Quality, which focuses on the truthfulness. They propose that, in general, people say things carelessly and only mean what they say if taken literally in a distinct case. As well, S&W put forward a general expectations of relevance-based framework as a unified frame to cover the various expressions of language often of ambiguous nature, such as metaphor and hyperbole. C. Principles In Relevance Theory, Sperber and Wilson first advanced a Single Principle of Relevance in an attempt to account for the fact that ostension will inevitably have relevance later on. Nevertheless, the second version of the book added two principles too. The first principle focuses on wide cognitive characteristic, emphasizing the fact that the human cognition is for creating and understanding meaning. The second point is the communicative aspect, stating the fact that every act of ostensive communication implies its own relevance better than others. This communicative principle is based on two clauses: (a) the ostensive stimulus must be worth to the attentive reception of the addressee and (b) the stimulus must be central to the communicator's abilities and preferences. This principle emphasizes the fact that communicators act according to their deliberations and intentions, so, they transfer the most important information, that is relevant for them to offer. D. Assessing Relevance The two concern include Cognitive effects versus processing effort In Relevance Theory, the context is viewed as a dynamic, mental entity comprising a subset of a person's assumptions about the world accessed in the pursuit of relevance. Multiple context extensions may be necessary to reach an optimally relevant interpretation, but once a satisfactory interpretation is found, further hypotheses are not considered. The Communicative Principle of Relevance guides hearers to hypothesize contextual extensions in order of accessibility, stopping at an interpretation that meets the expectations of relevance set by the stimulus. Relevance is determined by the balance between the interest an utterance provides (positive cognitive effects) and the mental effort required to obtain this interest. Relevance, as a characteristic of input to cognitive processes, leads to positive cognitive effects when processed in a specific context. Human cognitive architecture is designed to optimize processing effort for maximum benefit, enhancing knowledge through new information, revising assumptions, or deriving new conclusions from old and new information. The relevance of input is defined by two clauses: the greater the positive cognitive effects achieved and the smaller the processing effort expended, the higher the relevance of the input to the individual at that time..

Relevance Theory (RT) has diverse applications across various research areas, offering unique perspectives and insights: Grammar: RT challenges the traditional view of grammar as intrinsic and stable, emphasizing how grammatical attributes influence the selection of intended interpretations in communication. It highlights the role of grammatical organization in cognitive contextualization, exploring aspects like connectives, conditionals, modals, adverbs, moods, tenses, and articles within this framework. Humor: Within RT, humor is understood as a product of the mental processes involved in interpreting humorous texts. Communicators can manipulate audience mental states to create comedic effects by leading them through accessible interpretations that are later subverted for humor. Media Discourses: RT has been effectively applied to analyze various forms of media communication, including films, newspaper headlines, comics, Internet content, and advertising. This approach helps in understanding how information is presented, predicting consumer responses, and calculating the cognitive effort required to process information, particularly in advertising contexts. Literature: RT offers a unique lens for analyzing literary discourse, focusing on how literariness results from cognitive effects triggered by textual stimuli. Readers engage in a relevance-driven cognitive exploration to extract intended interpretations from texts, involving complex mental processes and emotional responses. Politeness: Despite politeness being a social aspect that may not align perfectly with RT's individual-centered approach, efforts have been made to explain politeness within relevance- theoretic terms. Politeness is viewed as a verbal strategy influenced by the background expectations of the relationship between speaker and hearer, leading to different interpretive paths. Translation: In RT-based studies like Gutt's work, (Gutt, Ernst-August. "Translation and relevance: Cognition and context." Oxford University Press, 1991.) the emphasis is on achieving interpretive resemblance between propositional forms during translation. Translators aim to convey the same assumptions intended by the original author in a different context and to a diverse audience, moving away from literal translations to effectively capture the intended meaning. 3. Citing examples from the recently delivered judgements in the Kenyan courts, such as the housing levy, the murder of Monica kimani by joseph irungu, a.k.a Jowie, among others discuss the structure and components of the language of law Structure and components of the language of law Legal language is not a language of everyday use by a population (unless, with a degree of understatement we want to call lawyers a population of a kind). It is a specialized language of.

legal norms and related discourse. Its distinctiveness may be seen in a number of characteristics that differentiate it from the language of ordinary use. Normative It is used to impose rights and obligations; it is largely prescriptive. Law's basic function is to regulate human behavior and human relations. Law exists as a set of prescriptions having the form of imperatives defining and enforcing the arrangements, relationships, procedures and patterns of behavior that are to be followed in a society (Cao 2007, 12, quoting Jenkins 1980, 98) Performative The speech act theory developed by J. L. Austin and J. R. Searle makes language responsible for effects in reality. Speech is not only words but also actions. By uttering certain words, we the facts may be changed. Legal effects and legal consequences are commonly obtained by merely uttering certain words (Cao 2007, 14), for example in a court's judgement or in front of a clerk or a priest during the marriage ceremony Technical legal language is a technical language. This is in terms of its syntactic structures, jargons. Case study. Source: http://kenyalaw.org/caselaw/ JOSEPH KURIA IRUNGU alias JOWIE..........1ST ACCUSED JACQUELINE WANJIRU MARIBE................2ND ACCUSED  Diction and formality- The ruling uses formal language and legal terminology throughout, such as "accused," "prosecution," "defence," "court," "jurisdiction," "administration of justice," and "presumed innocent." These terms are standard in legal discourse and convey the seriousness and formality of the proceedings “Mr. Mwaniki for the prosecution urged the court to put restrictions on the 2nd accused and in particular to her appearance on television screen. I have noted that this is novel point which has not been tested in our jurisdiction”  Critical referencing - The ruling references legal principles and precedents to support the arguments made by both the prosecution and the defence. For example, it cites Article 49(1)(h) of the Constitution of Kenya 2010 and Sections 123-133 of the Criminal Procedure Code to establish the rights of the accused regarding bail  Presumption of Innocence:(normative) The language used in a court of law underscores the principle of the presumption of innocence, stating that the accused must be treated as innocent until proven guilty. This principle is fundamental in criminal law and is reflected in the language used to describe the accused.

 Performative- The performative act of language in the context of law refers to language that not only describes a legal action but also performs that action. In the ruling on the bail application for Joseph Kuria Irungu and Jacqueline Wanjiru Maribe, a clear example of a performative act of language can be seen in the section where the judge orders the release of the second accused on bond pending trial. "I therefore find and hold that the prosecution has not placed before the court compelling reason to enable me deny the 2nd accused the enjoyment of her constitutional right to bail and those advanced can be adequately accommodated by relevant bail conditions and order that the 2nd accused be released on bond pending trial and determination”  Technical in nature- The technical aspect of language in the context of law refers to language that is precise, specific, and legally accurate in conveying legal concepts and decisions. Shown by legal terminology such as "bail terms and conditions," "bond pending trial," and "compelling reasons” I am unable to agree with the prosecution that the factors presented individually or cumulatively raised a probability that the 2nd accused would abscond, interfere with witnesses or evidence, influence the nature of the prosecution case against or and or act in any manner prejudicial to her attending trial should she be released on bail..