[lit-ideas] Re: "Operative" (Was: "Performative")
- From: Jlsperanza@xxxxxxx
- To: lit-ideas@xxxxxxxxxxxxx
- Date: Sat, 7 Aug 2004 22:24:44 EDT
In a message dated 8/7/2004 10:19:45 PM Eastern Standard Time,
Jlsperanza@xxxxxxx writes:
-- but fails to give a good example of an actual lawyer using 'operative'.
----
Oops. Quite the contrary. The OED is very explicit as to uses of 'operative'
by lawyers, etc.
Quotes, below.
The OED quote by Austin given in my previous e-mail indicates, rather, that
Austin thought 'operative' was losing its 'technical' 'signification' -- which
motivated him to 'coin' 'performative', instead.
Cheers,
JL
"operative"
(spec. in Law) designating the part of a document which expresses the
intention to effect the transaction concerned.
1654 J. Bramhall Just Vindic. Church of Eng. iii. 31 Whether the Act or
Statute of Separation were operative or declarative, creating new right, or
manifesting, or restoring old right.
1793 N. Chipman Rep. & Diss. II. 144 Any species of conveyance, which
contains words, operative at common law to convey, will be equally valid.
1872 in J. Russell Rep. Cases High Court of Chancery V. 344 If the operative
part of a deed be doubtfully expressed, there the recital may safely be
referred to as a key to the intention of the parties; but where the operative
part
of the deed uses language which admits of no doubt, it cannot be controlled
by the recital.
1925 G. C. CHESHIRE Mod. Law Real Property 601 We will now turn to the
operative words of the conveyance.
1967 G. DWORKIN Colgers' Constr. Deeds & Statutes 160 After the rentals the
operative part of a deed begins, generally with the words â??Now this deed
witnesseth,â?? etc.
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