| Issue |
SHS Web of Conferences
Volume 28, 2016
RPTSS 2015 – International Conference on Research Paradigms Transformation in Social Sciences 2015
|
|
|---|---|---|
| Article Number | 01075 | |
| Number of page(s) | 5 | |
| DOI | https://doi.org/10.1051/shsconf/20162801075 | |
| Published online | 15 June 2016 | |
Ascriptive speech act and legal language
1 Tomsk Polytechnic University, 634050 Lenin Avenue, 30, Tomsk, Russia
2 West Siberian branch of Russian State University of Justice, Russia, Tomsk
3 Tomsk State University, 634050 Lenin Avenue, 36, Tomsk, Russia
a Corresponding author: vitaly.ogleznev@gmail.com
In this article the author explicates Herbert Hart’s theory of an ascriptive language as it has been developed in his influential early paper “The Ascription of Responsibility and Rights”. In the section ‘Discussion’ the author argues 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’ the author justifies 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.
© Owned by the authors, published by EDP Sciences, 2016
This is an Open Access article distributed under the terms of the Creative Commons Attribution License 4.0, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
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