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Questions and Answers
What is the primary function of 'operative' clauses within a legal document?
What is the primary function of 'operative' clauses within a legal document?
- To detail the circumstances leading up to the transaction.
- To execute the main objective, such as a conveyance. (correct)
- To provide background information regarding the transaction.
- To summarize the transaction after it has occurred.
The author introduces a 'new word' to replace 'operative' because:
The author introduces a 'new word' to replace 'operative' because:
- The term 'operative' is used with varying meanings, leading to potential ambiguity. (correct)
- Lawyers no longer understand what 'operative' means.
- The term 'operative' has become too entrenched in legal jargon to be useful.
- 'Operative' is etymologically unsound.
What is the central question posed regarding the relationship between language and action?
What is the central question posed regarding the relationship between language and action?
- Is written language superior to spoken language in performing actions?
- Why do some words carry more weight than others?
- Can the act of speaking itself constitute the performance of an action? (correct)
- How can words be legally binding?
What is the initial objection raised against the idea that actions can be performed simply by uttering words?
What is the initial objection raised against the idea that actions can be performed simply by uttering words?
Which scenario provides an example of performing an action without uttering words, challenging the idea that saying makes it so?
Which scenario provides an example of performing an action without uttering words, challenging the idea that saying makes it so?
According to J.L. Austin, what was the traditional assumption of philosophers regarding statements?
According to J.L. Austin, what was the traditional assumption of philosophers regarding statements?
How have grammarians traditionally classified sentences, according to Austin?
How have grammarians traditionally classified sentences, according to Austin?
What challenge do both grammarians and philosophers face when distinguishing types of sentences?
What challenge do both grammarians and philosophers face when distinguishing types of sentences?
What is Austin's view on the discovery of 'fresh types of nonsense' in statements?
What is Austin's view on the discovery of 'fresh types of nonsense' in statements?
What drove the increased scrutiny of statements that were once accepted without question?
What drove the increased scrutiny of statements that were once accepted without question?
What was the initial outcome of requiring statements of fact to be 'verifiable'?
What was the initial outcome of requiring statements of fact to be 'verifiable'?
Why did philosophers begin to question whether apparent pseudo-statements were actually intended to be statements?
Why did philosophers begin to question whether apparent pseudo-statements were actually intended to be statements?
What does Austin suggest about the philosophical scrutiny of statements?
What does Austin suggest about the philosophical scrutiny of statements?
The author introduces the term 'performative' to describe utterances that primarily:
The author introduces the term 'performative' to describe utterances that primarily:
What is the primary reason the author uses the term 'Constative'?
What is the primary reason the author uses the term 'Constative'?
The author suggests that traditional philosophical perplexities often arise from:
The author suggests that traditional philosophical perplexities often arise from:
Which of the following best describes the 'descriptive fallacy' as discussed in the text?
Which of the following best describes the 'descriptive fallacy' as discussed in the text?
The author mentions Kant to illustrate what point about utterances?
The author mentions Kant to illustrate what point about utterances?
Why does the author consider the initial stages of the revolution in philosophy as 'piecemeal, with parti pris, and for extraneous aims'?
Why does the author consider the initial stages of the revolution in philosophy as 'piecemeal, with parti pris, and for extraneous aims'?
Which characteristic distinguishes performative utterances from constative utterances?
Which characteristic distinguishes performative utterances from constative utterances?
The author states that performative utterances often masquerade as:
The author states that performative utterances often masquerade as:
Why does the author choose seemingly unremarkable verbs in the first person singular present indicative active for initial examples of performatives?
Why does the author choose seemingly unremarkable verbs in the first person singular present indicative active for initial examples of performatives?
In the example, 'I bet you sixpence it will rain tomorrow,' the utterance is:
In the example, 'I bet you sixpence it will rain tomorrow,' the utterance is:
How does the author address the potential for performative utterances to be misused?
How does the author address the potential for performative utterances to be misused?
According to the author, which of the following is a key feature of performative utterances?
According to the author, which of the following is a key feature of performative utterances?
The author draws a parallel between the term 'performative' and 'imperative' to suggest that:
The author draws a parallel between the term 'performative' and 'imperative' to suggest that:
Which types of philosophical discussion are most related to performative utterances?
Which types of philosophical discussion are most related to performative utterances?
Which phrase is closest to the meaning of 'parti pris'?
Which phrase is closest to the meaning of 'parti pris'?
Flashcards
Operative Clauses
Operative Clauses
Clauses in a document that execute the main transaction or purpose.
Recite
Recite
To repeat or state circumstances surrounding a transaction.
Importance of Words
Importance of Words
The significance words have in legal or transactional contexts.
Cohabiting as Marriage
Cohabiting as Marriage
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Totalisator Machine Betting
Totalisator Machine Betting
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J.L. Austin
J.L. Austin
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How to Do Things with Words
How to Do Things with Words
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Statement
Statement
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Speech Acts
Speech Acts
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Pseudo-statements
Pseudo-statements
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Grammatical Marks
Grammatical Marks
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Verifiability
Verifiability
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Nonsense
Nonsense
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Performative Utterance
Performative Utterance
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Constative Statement
Constative Statement
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Descriptive Fallacy
Descriptive Fallacy
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Examples of Performative
Examples of Performative
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Kant's Contribution
Kant's Contribution
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Non-grammatical Utterances
Non-grammatical Utterances
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Action vs. Statement
Action vs. Statement
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Performative Examples
Performative Examples
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Intent of Utterances
Intent of Utterances
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Misuse of Performative
Misuse of Performative
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Philosophical Revolution
Philosophical Revolution
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Grammatical Category of Statement
Grammatical Category of Statement
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Embedded Words
Embedded Words
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Performance of an Action
Performance of an Action
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Contractual Performatives
Contractual Performatives
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Study Notes
Austin's "How to Do Things with Words" - Lecture I
- Austin challenges the traditional philosophical view that all utterances are statements meant to describe facts.
- He argues that many utterances are not designed to describe, but rather to perform actions, like promising, betting, or naming.
- Philosophers and grammarians have often conflated "statements" and "sentences," failing to distinguish between different functions of language.
- Grammatical categories like questions, commands, and exclamations are already acknowledged as not being statements.
- Recent scrutiny reveals many utterances labeled "statements" are not strictly statements of fact, and are sometimes nonsensical, and often intended to perform an action.
- This "descriptive fallacy" overlooks the performative aspects of language. Constative utterances are those asserting truth/falsity.
- Austin's work is revolutionizing philosophy by emphasizing the pragmatic dimension of language.
- The revolution involves recognizing a second class of utterances which masquerade ("disguise") as factual statements, but have a performative function.
Performative Utterances
- Performative utterances are statements that, when spoken appropriately, perform an action. (e.g. "I do" in a marriage ceremony)
- They are not descriptions; their utterance is the act.
- Examples include marriage vows, naming a ship, making a will, or placing a bet.
- These utterances are neither true nor false; they are successful or not, appropriate or not, depending on context and procedure.
- Saying "I name this ship the Queen Elizabeth", is not a statement about naming but the act of naming.
- "I name" is not just reporting an action but acting.
- "Performative" is a term to describe utterances that are acts and not just a way to describe an act
- Other terms to describe their function include: contractual, declaratory, operative (in legal terms)
- Many performative acts can be performed non-verbally (cohabiting to marry in some jurisdictions.)
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Description
Austin challenges the view that all utterances describe facts. Many utterances perform actions such as promising. This "descriptive fallacy" overlooks performative aspects of language. Constative utterances assert truth/falsity, revolutionizing philosophy by emphasizing language's pragmatic dimension.