ABSTRACT
This chapter looks at linguistic approaches based on speech act theory that suggest that it does. It also looks at linguistic 'performatives', as enablers of action, before addressing the question of how performative speech acts relate to the wider practice of devising and following legal 'rules'. Speech act theory has been very influential in linguistics. Its insights have also been applied in analysing language in law. The chapter illustrates the use of speech act theory in discussing law through Dennis Kurzon's account of the performative character of statutes, and Sanford Shane's analyses of contracts and hearsay evidence. Kurzon's analysis of statutes examines the role of the enacting formula found at the beginning of each statute. Schane initially distinguishes in the American law of hearsay: testimony about events directly perceived through the senses; and testimony based on what a witness heard or read as words spoken or written by someone else.
