When Hart does legal philosophy he starts, as he should with ordinary language, and how the utterers of his generation ('utterer' is a rather pretentious bit of Griceianism) use 'law'; and I say as he should: for what would the good of a conceptual analysis be if it fails to cover your OWN use of an expression. *Wouldn't it be more illuminating, when trying to do legal philosophy, to engage with legal language and how it is actually used in the legal process ? Nobody cares about Hart's and Grice's "linguistic intuitions." Perhaps 'linguistic botany" really means: "just the same old linguistic beans, day after day." O.K. On Mon, Mar 30, 2015 at 11:38 AM, Redacted sender Jlsperanza@xxxxxxx for DMARC <dmarc-noreply@xxxxxxxxxxxxx> wrote: > When Hart does legal philosophy he starts, as he should with ordinary > language, and how the utterers of his generation ('utterer' is a rather > pretentious bit of Griceianism) use 'law'; and I say as he should: for > what would > the good of a conceptual analysis be if it fails to cover your OWN use of > an expression. > > Grice proceeded ditto. And this was Austin's lesson, perhaps not Ryle. Hart > was somewhat, generationally, between Ryle and Austin. By 'botanising', > Austin meant to start with ordinary language, and while Ryle and Witters > have > been labelled 'ordinary language philosophers', when most historians of > philosophy refer to the 'ordinary language school of philosophy' ("there > was > no such school!" Grice complains) they refer to Austin's Play Group which > is enlarged a bit to include Hart (Austin never allowed anyone his senior > to > join the group but made an exception with Hart, and Hart and Austin and > Grice gave a triadic seminar on Aristotle's Ethics in Oxford -- the three > of > them were 'university lecturers': another condition to join Austin's play > group is that you had to be a full-time member of the Sub-faculty of > philosophy -- and the meetings were 'by invitation' only, if not "RSVP", > which > they did -- in case, say, Grice had a cricket match for Oxfordshire). > > But the basis is Epicurus, and I'm tempted to use the phrase "Epicurean > Grice" for this. In another passage from this letter to Herodotus, Epicurus > sticks with the expression 'time' -- as in "What time is it?". And the > White > Rabbit answering, "Too late, too late". > > Epicurus writes: > > "There is another thing, Herodotus, which we must consider carefully." > > "We must NOT investigate, say, time in an odd way." > > -- (St. Augustine took this to heart, and found that he could not > investigate time AT ALL, even if he FELT time -- this paradox fascinated > Witters: > how could Augustine claimed that he KNEW that p, but was unable to provide > an outward criterion for it?). > > Epicurus goes on -- he is trying to convince Herodotus -- that the study of > physics belongs in philosophy. > > Epicurus writes: > > "We must take into account the plain fact itself, in virtue of which WE > SPEAK OF TIME as long or short, linking to it in intimate connection this > attribute of duration." > > "We SHOULD NOT adopt any FRESH, rather than the simple terms of ordinary > language as preferable." > > "We should always employ the usual expressions about stuff." "And by > 'usual' I mean "ordinary"". > > "Nor need we predicate anything else of time, as if this something else > contained the same essence as is contained in the proper meaning of the > word “ > time” (for this also is done by some)." > > "For we should not deviate from ordinary language as expressed in ordinary > usage." > > "We must chiefly reflect upon that to which we attach this peculiar > character of time, and by which we measure it. No further proof is > required: we > have only to reflect that we attach the attribute of time to days and > nights > and their parts, and likewise to feelings of pleasure and pain and to > neutral states, to states of movement and states of rest, conceiving a > peculiar > accident of these to be this very characteristic which we express by the > word “time.”" > > So, Grice was very much justified to call his type of thing a sort of > "Oxonian dialectic", with "Athenian dialectic" as its direct ancestor. > When Hart > wrote this thank-you note to Morty White, he added, "And let me add that > Grice, who'll soon be giving the William James Lectures at Harvard, is a > marvellous dialectician, far better than any of us", and he was writing > from > Oxford! > > Cheers, > > Speranza > > > ------------------------------------------------------------------ > To change your Lit-Ideas settings (subscribe/unsub, vacation on/off, > digest on/off), visit www.andreas.com/faq-lit-ideas.html >