The paper attempts to look at silence from the point of view of Grice's maxim of quantity, viz. if one has nothing to say, then one is silent. This will be examined against the background of studies that have been published over the last decades especially anthropological research on tribes in Africa and North America, and studies on Finnish silence.

A Pragmatic Analysis of Silence in an American Constitutional Issue This paper provides further evidence for a typology of silence, viz conversational, textual and situational silence. Some of the problems in the typology are dealt with, for example, a clearer distinction is made between conversational silence, on the one hand, and textual and situational silence on the other. The distinction between textual and situational silence is further illustrated against the background of controversial court cases in the United States concerning "moment (...) of silence" legislation in a number of states. (shrink)

In this paper, changes in the status and nature of one case from the Family Court of England and Wales will be discussed. The changes cover two aspects of the case. Firstly, the shift from a civil action – a standard family court case concerning the break-up of a relationship and its effect on the children born from the relationship – to a quasi-criminal case in which contempt of court plays the central role; this will be discussed from a Greimasian (...) perspective. Secondly, the case is accompanied by types of silence – from the textual silence of private proceedings in the Family Court to the conversational silence in the form of one of the protagonists’ right of silence. (shrink)

Name der Zeitschrift: Semiotica Jahrgang: 2017 Heft: 216 Seiten: 265-279.

The paper looks at the establishment of religion clause in the First Amendment to the US Constitution, and cases, e.g. Brown v. Gilmore, followed by Croft v. Perry and Sherman v. Koch, cases that relate to the concept of the “moment of silence” in educational institutions in which it was claimed that such events constitute a breach of the establishment clause. Courts have been inconsistent in their decision-making, which may indicate a lack of transparency not only in the interpretation of (...) the relevant phrase in the Constitution but also in the judicial interpretation of the “three-pronged test” with regard to “excessive entanglement” as laid out in Lemon v. Kurtzman of 1971. The paper discusses the “moment of silence” within the framework of a model of silence in which this type of silence would be labeled as either textual or situational silence. (shrink)

The article deals, on the one hand, with a legal conflict between a musical performer/arranger, Mike Batt, and the estate of a composer of avant-garde music, John Cage, over copyright. It is also concerned with the field of intertextuality – how meaning is created in a text or in a work of art, whether it is visual, musical or verbal, through allusions and quotations to previous texts or works of art. The controversy, which did not reach the courts because of (...) a pre-trial settlement, was over an author’s rights to silence, or, as in this case, a silent piece of music. The central issue discussed is the way in which silence may be considered – if at all, to be protectable. (shrink)