ASCRIPTIVE LEGAL LANGUAGE AND ITS ORIGINS IN THE SPEECH ACT THEORY

Research output: Contribution to journalArticlepeer-review

Abstract

This article presents H.L.A. Hart's theory of an ascriptive legal language as it has been developed in his influential paper "The Ascription of Responsibility and Rights" through the application of a methodology of the speech act theory proposed especially by J.L. Austin and partly by J. Searle. I propose to retrieve Hart's theory of ascriptive statements in the face of critics by carefully analyzing the ascriptions in the context of the speech act theory and capturing their linguistic applications in the legal language, at least for some of them. The result is not the refutation of ascriptivism but rather an opportunity for a constructive modification of Hart's position.

Translated title of the contributionАскриптивный юридический язык и его истоки в теории речевых актов
Original languageEnglish
Pages (from-to)205-211
JournalВЕСТНИК ТОМСКОГО ГОСУДАРСТВЕННОГО УНИВЕРСИТЕТА. ФИЛОСОФИЯ. СОЦИОЛОГИЯ. ПОЛИТОЛОГИЯ
Volume48
DOIs
StatePublished - Apr 2019
Externally publishedYes

Keywords

  • ascriptive
  • descriptive
  • performative
  • speech acts
  • legal language

Fingerprint

Dive into the research topics of 'ASCRIPTIVE LEGAL LANGUAGE AND ITS ORIGINS IN THE SPEECH ACT THEORY'. Together they form a unique fingerprint.

Cite this