McEvoy connects Judge Lynch with Professor H. L. A. Hart (professor of
jurisprudence at Oxford, and a member of Grice's Play Group that met on
Saturday mornings -- at Grice's college, St. John's):
McEvoy writes:
"My post was not an attack on Hart (who I criticise elsewhere) - but where does
Hart note the connection to PR and SR? My guess is that Hart was too careful to
say judicial language, of the sort we are considering, was analytically
connected to PR and SR. He did of course suggest that PR and SR are
analytically connected, and that PR depend on SR, but these are very different
claims."
Indeed. Part of Hart's problem is that he is not clear what language is -- he
reviewed Holloway's Language and Intelligence for the Philosophical Quarterly
in 1952 and the most intelligent bit of it is a footnote ("I owe this to Mr. H.
P. Grice."). In Hart's "Concept of Law", he should have considered LEGAL
*reasoning* rather than legal language, which is so vague.
Consider variants of (i):
i. Judge Lynch: Your [i.e. Mr. H's] offence is thoroughly unpleasant
----- and repeated breaches of this [anti-social behavior] order
------ using the most unpleasant of language and causing distress. It
------ is said [by a mitigator] custody would be distressing for you [Mr. H.,]
but it seems
----- you never learn. This is the *ninth* time you have breached this
[anti-social behavioural] order,
---- the same offensive ... comments and you do NOT deserve another chance.
Mr. H.: I should say I never *intentionally* abused anyone, whatever you
think, judge.
Judge Lynch: No one [except perhaps yourself, Mr. H.] cares what you think.
Mr. H. [grasping the judge's hyperbole-qua-implicature]: I know *they*
don't. That's why [incidentally] I've not had any help
for years.
Judge Lynch: [Look, Mr. H., this is neither the place nor time] to argue
with you. I am sending you
-------- straight to prison.
Mr. H.: You're a bit of a [four-letter word].
Judge Lynch [not silenced]: You are a bit of a [four-letter word] YOURSELF.
Mr. H.: Go [make love to] yourself.
Judge Lynch: You [go make love to yourself] too.
ii. Judge: Your offence is thoroughly unpleasant and repeated breaches of this
anti-social behavior order using the most unpleasant of language and causing
distress. It seems you never learn. You do not deserve another chance. I'm
sending you straight to prison for 18 months.
Mr. H.: You are a bit of a [four-letter word].
Judge: Make that 20 months, for insulting me.
Mr. H.: Go [make love to] yourself.
Judge: 22 months.
Then there's the 'silenced' version:
iii. Judge: I'm sending you straight to prison for 18 months.
Mr. H.: You are a bit of a [four-letter word].
Judge remains silent. Mr. H. is taken away.
In any case, Raz developed Hart's approach in terms of legal reasoning on the
part of a judge, not on the concept of law. But primary and secondary rules are
connected with judicial language, not just in the concept of law, but in the
concept of the validity of legal reasoning. Here the premises are:
iv. H's offence is thoroughly unpleasant and repeated ninth breaches of an
anti-social behavior order using the most unpleasant of language and causing
distress.
------ Therefore, I am sending you to prison for 18 months.
It may be argued that (iv) is not analytic in the sense that Grice's example of
deductive reasoning in "Aspects of Reason" -- (v) below -- is analytic:
(v) Judge Lynch: I have 2 hands.
------------------- If I had 3 more hands, I would have 5 hands.
------------------- If I were to have double 5, I'd have 10 hands.
------------------- Now, if 4 hands were removed, 6 hands would remain.
------------------- Ergo, I would have 4 more hands than I have now.
So WHAT is the difference. McEvoy is engaged in another essay on Popper and
stuff which I will address in due time -- but the question remains -- prison,
and how this relates to the rather misleading title of McEvoy's first essay,
"Judicial language: its use and misuse".
Cheers,
Speranza
Hart, The concept of law.
Raz, Festscrift for H. L. A. Hart.
Baker, Defeasibility and meaning, in Raz.
Hart, Signs and language: a review of Holloway, Language and Intelligence
Grice, Paul. Aspects of Reason
Grice, Paul. Prejudices and predilections, which become the life and opinions
of Paul Grice
