I believe that almost any verbal contract constitutes a performative, which is of course obvious. However I think an overlooked performative is that of sentencing. judges often decree if an individual is guilty or innocent and subsequently attribute a sentence to their crime if they hae committed it. If an individual murders another and the judge declares that person guilty, the judge would sentence that person to a life sentence. The judge would do this using performatives. "I hear by sentence you to life in prison," is something a judge might say.
Futhermore, I also believe that Austin would substantiate my claim that a judge's sentence is a performative, because it follows his conditions. First, the sentencing process and justice system in general is conventional and widely accept. Therefore the sentencing process the jurisdiction to effect or act, because the society employing this justice system follows it. In addition to its ability to effect, the sentencing process also is delivered with intent, because the judge believes that this individual is guilty of certain crimes and intends for them to be punished accordingly. This is true if and only if that individual is given the power or the title of being a judge and states the performative in its proper location (The courthouse at its proper court date, time, and etc.). Otherwise the statement would be a misvocation and hold no power or weight.
Monday, March 9, 2009
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