The pragmatics of ostensive discourse: arguments from ostension

Factual claims in legal cases are typically supported by ostensive acts showing evidence to the factfinders. In these contexts, ostension is not performed for definitional or conceptual purposes, as “ostensive definitions” are, but for probatory ones. The litigated facts can be proven by presenting evidence that supports the relevant claims. For instance, a party performs an ostensive act by showing a photograph concerning the facts. This act provides factfinders with evidence. But evidence by itself does not prove anything. One has to construct probatory arguments, which belong to the domain of evidence discourse, and has to meet the justification conditions of such arguments.