Linguistic Evidentials and the Law of Hearsay

2021 ◽  
pp. 157-168
Author(s):  
Lawrence M. Solan
Keyword(s):  
Natural Language ◽  
Speech Acts ◽  
Speech Act ◽  
Speech Act Theory ◽  
The Other ◽  
Legal Evidence ◽  
The Law ◽  
John Langshaw Austin ◽  
The One ◽  
The Relationship

This chapter explores the relationship between how natural language expresses degrees of certainty in the truth of an assertion on the one hand, and how the law handles this issue on the other. This discussion focuses, in particular, on the hearsay doctrine and on the linguistic elements identified as “evidentials:” expressions that include information about how speakers came to know the assertions they make. The hearsay rule bars certain kinds of speech acts from serving as legal evidence, in particular, assertions that report what another person earlier said, and which are offered to express the truth about the events at issue in a case. The author links the law governing hearsay in terms of speech act theory, a connection also drawn by the philosopher John Langshaw Austin, who observed that statements offered to prove the fact of the speech act rather than the truth of the matter asserted are admissible.

Speech acts and conversational sequencing

1994 ◽  
Vol 2 (1) ◽  
pp. 191-205 ◽  
Author(s):  
Christian Brassac
Keyword(s):  
Discourse Analysis ◽  
Speech Acts ◽  
Speech Act ◽  
Speech Act Theory ◽  
Point Of View ◽  
The Other ◽  
Conversational Analysis ◽  
Conversational Interactions ◽  
The One

The question of the use of speech act theory in accounting for conversational sequencing is discussed from the point of view of the explanation of linguistic interaction. On the one hand, this question lies at the heart of the opposition between conversational analysis and discourse analysis. On the other, it dominates the discussion around a text by Searle called "Conversation". After summarizing what is at stake in the debate, I focus on the positions of two authors, Dascal and Van Rees, who favor the idea of a possible (and necessary) combination of illocutionary logic and the analysis of conversational interactions. My own position consists in taking into account the new elements that have recently enriched illocutionary logic (particularly the integration of perlocution through the notion of satisfaction conditions) within the framework of an essentially dialogical position. The proposed approach is in agreement with the theses of these two authors and complements them with elements that satisfy their demands.

New Work on Speech Acts

2018 ◽  
Keyword(s):  
Speech Acts ◽  
Speech Act ◽  
Speech Act Theory ◽  
New Work ◽  
Half Century ◽  
Recent Advances ◽  
Current Thinking ◽  
Semantics And Pragmatics ◽  
Recent Developments ◽  
The Relationship

The essays collected in this book represent recent advances in our understanding of speech acts-actions like asserting, asking, and commanding that speakers perform when producing an utterance. The study of speech acts spans disciplines, and embraces both the theoretical and scientific concerns proper to linguistics and philosophy as well as the normative questions that speech acts raise for our politics, our societies, and our ethical lives generally. It is the goal of this book to reflect the diversity of current thinking on speech acts as well as to bring these conversations together, so that they may better inform one another. Topics explored in this book include the relationship between sentence grammar and speech act potential; the fate of traditional frameworks in speech act theory, such as the content-force distinction and the taxonomy of speech acts; and the ways in which speech act theory can illuminate the dynamics of hostile and harmful speech. The book takes stock of well over a half century of thinking about speech acts, bringing this classicwork in linewith recent developments in semantics and pragmatics, and pointing the way forward to further debate and research.

The Life of Law and the Law of Life

2018 ◽  
Author(s):  
Michael Naas
Keyword(s):  
The Other ◽  
Human Beings ◽  
The Law ◽  
Written Law ◽  
The One ◽  
The Relationship

This chapter analyzes a large swath of Plato’s Statesman (287b–311c) in order to ask, with “Plato’s Pharmacy” in the background, about the Stranger’s claim that law—and especially written law, since writing is the essence of law—is at once inferior to rule without law and yet, in a world without divine rulers, absolutely necessary for human governance. This chapter returns to many of the insights from Chapter 2 on the myth of the two ages, since what that myth demonstrated was the desirability and yet impossibility of an age in which a truly divine being rules over human beings and the concomitant necessity of trying to imitate that age through laws. Once again, we see that what is at issue in the relationship between the two ages, as well as in the relationship between a regime without law and a regime with it, are two different valences or valuations of life—the values of pure life, fecundity, spontaneity, and memory, on the one hand, and the values of death in life, forgetting in memory, and sterility in fecundity, on the other.

On Pornography

Just Words ◽  
2019 ◽  
pp. 124-155
Author(s):  
Mary Kate McGowan
Keyword(s):  
Real World ◽  
Alternative Model ◽  
Speech Act ◽  
The Other ◽  
Context Sensitive ◽  
The Law ◽  
The One

This chapter uses the framework of covert exercitives to explore potential harms of actions involving certain types of pornography. The sorts of pornography of interest are clarified and the pornographic is shown to be context sensitive. This chapter focuses on the harms of subordination and silencing. Langton’s account of the subordinating force of pornography is critically assessed. An alternative model, relying on the covert exercitive, is presented and its advantages are illustrated using real world examples from the law. Various kinds of silencing are identified, the speech act of refusal is clarified, and both causal and constitutive connections between actions involving pornography, on the one hand, and the harms of subordination and silencing, on the other, are here discussed.

scholarly journals Ideologie, ‘egte’ norme en literêre taalhandelinge

Literator ◽  
1993 ◽  
Vol 14 (3) ◽  
pp. 37-54
Author(s):  
M. Rossouw
Keyword(s):  
Literary Criticism ◽  
South African ◽  
Speech Acts ◽  
Speech Act ◽  
Literary Text ◽  
Speech Act Theory ◽  
The Other ◽  
African Community ◽  
Ethical Norms ◽  
Different Levels

For many years text-immanent approaches to literature have dominated the scene of Afrikaans literary criticism. This article adds a voice to the ‘spontaneous' discourse in which ethical norms (especially socio-political guidelines), too, come into play when a literary text is studied. Since the context in which a text is written and read is of great importance in such an approach, speech act theory is used in order to determine the intentions (illocutions) of the writer in the texts, as well as the reactions (perlocutions) of readers to the text. The purpose of this is mainly to establish whether critique of ideology manifests itself in speech acts directed towards freedom and dignity for all people. On the other hand there may also be signs of unconscious ideological illocutions in the contradictions which occur within or between the different levels of communication (macro, meso and micro). These contradictions are related to socio-political contradictions which are repressed within the South African community. In order to illustrate this kind of approach, three novels of Etienne van Heerden are discussed, viz. Om te awol (1984), Toorberg (1986) and Casspirs en Campari's (1991).

scholarly journals Ending the life of the act/omission dispute: causation in withholding and withdrawing life-sustaining measures

Legal Studies ◽  
2011 ◽  
Vol 31 (3) ◽  
pp. 467-491 ◽  
Author(s):  
Andrew McGee
Keyword(s):  
Decision Making ◽  
Assisted Suicide ◽  
The Other ◽  
Common View ◽  
Legal Position ◽  
The Law ◽  
The One ◽  
End Of Life Decision ◽  
The Relationship ◽  
Life Decision

The aim in this paper is to challenge the increasingly common view in the literature that the law on end-of-life decision making is in disarray and is in need of urgent reform. The argument is that this assessment of the law is based on assumptions about the relationship between the identity of the defendant and their conduct, and about the nature of causation, which, on examination, prove to be indefensible. A clarification of the relationship between causation and omissions is provided which proves that the current legal position does not need modification, at least on the grounds that are commonly advanced for the converse view. This paves the way for a clarification, in conclusion, of important conceptual and moral differences between withholding, refusing and withdrawing life-sustaining measures, on the one hand, and assisted suicide and euthanasia, on the other.

Sprechakttheoretische Überlegungen zur Typographie – am Beispiel von Presseüberschriften

2021 ◽  
Vol 49 (2) ◽  
pp. 244-291
Author(s):  
Rita Finkbeiner
Keyword(s):  
Speech Acts ◽  
Speech Act ◽  
Speech Act Theory ◽  
Illocutionary Force ◽  
General Question ◽  
Theoretic Approach ◽  
The Relationship

Abstract Using the example of newspaper headlines, this paper develops a speech-act theoretic approach to aspects of meaning that can be communicated through the use of typographic means. After considering, more generally, the relationship between speech act theory and writing, analogies between prosody and typography are discussed and the claim is developed that typographic means, just as prosodic means, may function as illocutionary force indicating devices. Using Gallmann’s (1985) system of graphic means, newspaper headlines are defined, more specifically, as typographic objects indicating the (meta-textual) illocution type of an announcement of the text topic. Finally, the relationship between the grammatically determined illocution of a (sentential) headline and its typographically determined meta-textual illocution is modeled, on the basis of Searle’s (1982b) account of fictional speech acts, as an interplay of „vertical“ and „horizontal“ rules. The paper closes with a discussion of the more general question whether typographic acts are speech acts.

Actes De Langage, Semi-Actes Et Typologie Des Connecteurs Pragmatiques

1987 ◽  
Vol 11 (2) ◽  
pp. 379-404 ◽  
Author(s):  
Christian Rubattel
Keyword(s):  
Speech Acts ◽  
Speech Act ◽  
Speech Act Theory ◽  
Illocutionary Force ◽  
Complementary Distribution ◽  
Grammatical Categories ◽  
Syntactic Properties ◽  
Discourse Units ◽  
The Relationship

This article deals with the syntactic properties of pragmatic connectives and with the relationship between their distributional and argumentative properties. Recent discourse models based on speech act theory assume that pragmatic connectives link sentences (or larger units). However, certain phrasal categories too can function as discourse units, and the set of pragmatic connectives therefore includes not only markers linking sentences provided with an illocutionary force (speech acts), but also phrases lacking an asserted illocutionary force (semi-speech acts). Moreover, many connectives either belong to the two subsets or are in complementary distribution, depending on the syntactic environment. Except for coordination, all these connectives are members of only two grammatical categories: Universal subordinators (including complementizers, subordinating conjunctions and prepositions), and modifying adverbs. Coordinate conjunctions are briefly reconsidered, and some arguments are given for restricting this class to et, ou and ni, both on pragmatic and on syntactic grounds.

3. Personal Rights and Property Rights

Land Law ◽  
2017 ◽  
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Property Rights ◽  
Property Right ◽  
The Other ◽  
Important Distinction ◽  
Personal Rights ◽  
Different Types ◽  
The Law ◽  
The One ◽  
The Relationship

This chapter examines property rights in land and personal rights that may allow a party to make a particular use of land. It first considers the distinction between personal rights and property rights before addressing the content question: whether the type of right claimed by a party counts as a property right. To answer that question, a distinction is made between different types of property right. The most important distinction is between legal property rights, on the one hand, and equitable property rights, on the other. The chapter also discusses licences to use land and contrasts their operation and effect with those of property rights in land. It highlights the nature of licences and the controversy over contractual and estoppel licences and concludes with an analysis of the relationship between the law of leases and of licence.

3. Personal Rights and Property Rights

Land Law ◽  
2020 ◽  
pp. 61-92
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Property Rights ◽  
Property Right ◽  
The Other ◽  
Important Distinction ◽  
Personal Rights ◽  
Different Types ◽  
The Law ◽  
The One ◽  
The Relationship

This chapter examines property rights in land and personal rights that may allow a party to make a particular use of land. It first considers the distinction between personal rights and property rights before addressing the content question: whether the type of right claimed by a party counts as a property right. To answer that question, a distinction is made between different types of property right. The most important distinction is between legal property rights, on the one hand, and equitable property rights, on the other. The chapter also discusses licences to use land and contrasts their operation and effect with those of property rights in land. It highlights the nature of licences and the controversy over contractual and estoppel licences and concludes with an analysis of the relationship between the law of leases and of licence.

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