Austin - A Plea For Excuses
Austin - A Plea For Excuses
Austin - A Plea For Excuses
Author(s): J. L. Austin
Source: Proceedings of the Aristotelian Society, New Series, Vol. 57 (1956 - 1957), pp. 1-30
Published by: Blackwell Publishing on behalf of The Aristotelian Society
Stable URL: http://www.jstor.org/stable/4544570
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BY PROF. J. L.
AUSTIN,
M.A.
PROF. J. L. AUSTIN.
PROF.
J.
L. AUSTIN.
PROF.
J.
L. AUSTIN.
PROF.
J.
L. AUSTIN.
10
PROF.
J.
L. AUSTIN.
A PLEA
FOR EXCUSES.
11
true ? ".
May we ?
12
PROF.
J.
L. AUSTIN.
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PROF.
J.
L. AUSTIN.
additions of their own, but tort is altogether more comprehensive and more flexible. But even here, and still more
with so old and hardened a branch of the law as crime,
much caution is needed with the arguments of counsel and
the dicta or decisions of judges: acute though these are, it
has always to be remembered that, in legal cases(1) there is the overriding requirement that a
decision be reached, and a relatively black or white
or not guilty-for the plaintiff or for
decision-guilty
the defendant;
(2) there is the general requirement that the charge
or action and the pleadings be brought under one or
another of the heads and procedures that have come in
the course of history to be accepted by the Courts.
These, though fairly numerous, are still few and
stereotyped in comparison with the accusations and
defences of daily life. Moreover contentions of many
kinds are beneath the law, as too trivial, or outside it,
as too purely moral,-for example, inconsiderateness;
(3) there is the general requirement that we argue
from and abide by precedents. The value of this in
the law is unquestionable, but it can certainly lead to
distortions of ordinary beliefs and expressions.
For such reasons as these, obviously closely connected and
stemming from the nature and function of the law, practising
lawyers and jurists are by no means so careful as they might
be to give to our ordinary expressions their ordinary meanings
and applications. There is special pleading and evasion,
stretching and strait-jacketing, besides the invention of
technical terms, or technical senses for common terms.
Nevertheless, it is a perpetual and salutary surprise to
discover how much is to be learned from the law; and it
is to be added that if a distinction drawn is a sound one,
even though not yet recognised in law, a lawyer can be
relied upon to take note of it, for it may be dangerous not to
-if he does not, his opponent may.
Finally, the third source-book is psychology, with which
I include such studies as anthropology and animal behaviour.
15
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PROF.
J.
L. AUSTIN.
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PROF. J. L. AUSTIN.
possess the
expression
"
assumed ").
19
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PROF. J. L. AUSTIN.
21
12 Cox 625.
22
PROF.
J. L.
AUSTIN.
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24
PROF.
J. L.
AUSTIN.
25
26
PROF.
J.
L. AUSTIN.
27
"
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PROF.
J.
L. AUSTIN.
29
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PROF.
J.
L. AUSTIN.