June 20, 2016

Ogleznev on Ascriptive Speech and Legal Language

Vitaly Ogleznev, Tomsk State University Faculty of Philosophy, is publishing Ascriptive Speech Act and Legal Language in volume 28 of the SHS Web of Conferences (2016). Here is the abstract.
In this article I explicate H. L. A. Hart’s theory of an ascriptive language as it has been developed in his influential early paper “The Ascription of Responsibility and Rights” (1949). In the section ‘Discussion’ I argue that the theory of ascriptive legal utterances, which is grounded on Austin’s and Searle’s theory of a speech act, provides the methodological basis for his analytical approach to philosophical and legal issues. In the section ‘Results’ I justify that an ascriptive is a specific speech (illocutionary) act. In the section ‘Conclusion’ the matter concerns the original linguistic formula of an ascriptive that accurately reflects its nature. This article elaborates on the interpretation of ascriptive speech acts in legal language by evaluating the influence of philosophy of language on the formation of modern legal philosophy, along with evaluating the contribution of conceptual development of legal philosophy in the speech acts theory.
Download the essay from SSRN at the link.

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