The Persuasive Power of Implicit Communication: Presuppositions in Italian Lawyers Pleadings

Abstract

Recent research on the persuasive and manipulative power of linguistic implicit communication highlights how implicitly conveyed content is less likely to be challenged or even questioned by addressees (cf. e.g. Lombardi Vallauri/Cominetti/Masia 2022 and references therein).

The present contribution focuses on the use of linguistic implicit strategies, such as presuppositions triggered by definite descriptions or by additive focus adverbs, within the traditionally understudied area of Italian counsel proceedings, i.e. court proceedings written by the defence (cf. e.g. Gualdo-Clemenzi 2021; Visconti 2023).

By employing the recently created AttiChiari corpus (www.attichiari.it), which collects counsel documents relating to proceedings both by the Italian Supreme Court (Corte di Cassazione) and by geographically diversified Italian courts, a set of examples is discussed, in which implicit linguistic devices are used to insert elements in the case that are thus potentially subtracted from rebuttal.