Procedure penale

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ADVISORY BOARD
AMERICAN CASEBOOK SERIES
HORNBOOK SERIES AND BASIC LEGAL TEXTS
NUTSHELL SERIES

MATERIALS

ON

JESSE H. CHOPER
Professor of Law
University of California, Berkeley

LEGAL DRAFTING

DAVID P. CURRIE
Profe.sor of Law
University of Chicago

DAVID G. EPSTEIN
Dean and Professor of Law
University of Arkansas

By

REED DICKERSON

Professor of La'w, IndianaUniversity

ERNEST GELLHORN
Professor of Law
University of Virginia

YALE KAMISAR
Professor of Law
University of Michigan

WAYNE R. LaFAVE
Professor of Law
University of Illinois

RICHARD C. MAXWELL
Professor of Law Duke University

AMERICAN CASEBOOK SERIES

ARTHUR R. MILLER
Professor of Law
Harvard University

JAMES J. WHITE
Professor of Law
University of MichiganST. PAUL, MINN.

CHARLES ALAN WRIGHT
Professor of Law
Univer.ity of Texas

WEST PUBLISHING CO.
1981

XII

30

WHAT LEGAL DRAFTING IS ABOUT

Ch.2

46 U.S.C.A. S808

Chapter 3
SOME BASICS ABOUT LANGUAGE AND MEANING

"* * * Foreign-built vessels admitted to American registry or en­ rollment or license under this chapter * * * may engage in the coast­ wise trade of the UnitedStates * * *"
46 U.S.C.A.

S13
(A) TIlE FUNCTIONS OF lANGUACE

"All foreign-built vessels admitted to American registry, owned on February 1, 1920, by persons citizens ofthe United States, and all foreign­ built vessels owned by the United States on June 5, 1920, when sold and owned by persons citizens of the United States, may engage in the coast­ wise trade so long as they continue in suchownership, subject to the rules and regulations of such trade."

L. S. STEBBING, A MODERN INTRODUCTION
TO LOGIC, pp. 16-17

Methuen and Company. Ltd., 7th ed., 1950.

We have so far spoken as though the main function oflanguage were to communicate information. This is no doubt a most important function. For science it is its sale function. For this reason a science, in propor­ tion as itbecomes what we call "scientific" finds it necessary to devise a termirwlogy, Le. a set of technical terms which aim at precision, Le. uniqueness of reference. A scientific statement is, qua scientific, pre­ cise. Many statements are made, however, not for the sake of conveying information, but in order to arouse in the hearer a certain response, to create in him a certain state of mind. That thisis an important, as well as a proper, function of language will be admitted by every one capable of responding to literature, Every good literary critic has realized that the poet uses language not mainly to express statements that are true, or false, but to express what is neither true nor false. When Shelley says, 'Life, like a dome of many-coloured glass, Stains the white radiance of eternity.Until Death tramples it to fragments,' he is neither talking nonsense, nor making an assertion that must be accepted or rejected as true, or false. The question of truth and falsity does not arise. Shelley is using language for an entirely different purpose from that of the scientist who says, "The specific heat of air at constant pressure is 0.2734". This statement simply expresses what thescientist believes to be true. He would call it "a fact". The difference between these two uses of language is not difficult to apprehend yet they are seldom clearly distinguished. To mark the distinction Mr. LA. Richards has sug­ gested the convenient terminology "the scientific use of language" and "the emotive use of language". When language is used simply in order to refer to a referend its use isscientific. When it is used in order to

31

32

LANGUAGE AND MEANING

Ch.3

Ch. 3

SOME BASICS REED DICKERSON, THE FUNDAMENTALS
OF LEGAL DRAFTING, pp. 6-7'

Little, Brown & Company, 1965.

33

arouse an emotional attitude in the hearer, to influence him in any way other than by giving him information, then its use is emotive. GLANVILLE WILLIAMS, LANGUAGE AND THE LAW (PART...
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