[lit-ideas] Re: Fw: Re: Can, logically, there be any such thing as a "performative co...

  • From: omarkusto@xxxxxxxxx
  • To: lit-ideas@xxxxxxxxxxxxx
  • Date: Sat, 30 May 2009 17:05:32 -0700 (PDT)

It seems to me that many regular legal documents at least verge on this kind of 
contradiction. For example, a contract will often contain clauses that specify 
how and / or under which conditions it may be terminated. An even stranger 
document is the Power of Attorney, which authorizes a person to represent 
another person in legal matters, thus at least in part removing legal 
authority from the issuer. There is also the Lasting Power of Attorney, which 
grants a person the power to represent another person independently of their 
future consent to such representation. (These are rarely issued, I suppose.)
 
O.K.


--- On Sun, 5/31/09, Richard Henninge <RichardHenninge@xxxxxxxxxxx> wrote:


From: Richard Henninge <RichardHenninge@xxxxxxxxxxx>
Subject: [lit-ideas] Fw: Re: Can, logically, there be any such thing as a 
"performative co...
To: lit-ideas@xxxxxxxxxxxxx
Date: Sunday, May 31, 2009, 12:17 AM


 


What about "the Undersigned hereby promises to undersign no promises" as 
a performative contradiction? By signing it one promises not to do X and one 
does X at the same time (X = to undersign a promise). One violates the terms of 
an agreement or contract by entering into the agreement or contract. Engagement 
entails violation, or, you make a commitment by breaking it.

Richard Henninge
University of Mainz


      

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