Grice, Hart, Austin, Hohfeld

by J. L. Speranza
-- for the Grice Club.

KRAMER in "Caeteris Paribus Grice", this blog:

"I am using “power” as a legal (Hohfeldian) term, somewhat broader than authority. For example, if you offer me a deal, I have the power to accept it, i.e., the words “I accept your offer to do x in exchange for y” create a contract between us only if (i) I say those words, and (ii) you have, by making an offer, empowered me to change our legal relationship by saying them. If either condition is not met, then there is no contract. ( JL would probably enjoy reading Hohfeld.[link to wiki entry])".

Thanks, I did!

--- Wanting to see if there WAS a connection, I typed in google, ""H. L. A. Hart" Hohfeld" and got so many hits I got bored, so I added, ""H. L. A. Hart" Hohfeld Grice" and got much fewer! -- including this review in a Law Journal of Nicola Lacey's bio of Hart. There is a ref. to Grice vis a vis Hart's inability to say anything interesting about the analytic-synthetic distinction, which was not helpful -- but also a ref. to Hart's book review for the Philosophical Quarterly, in which I DO Know (thanks to P. A. Facione) that Hart managed to quote directly from Grice's 1948 "Meaning" manuscript).

In any case, the Hohfeld connection was NOT natural or direct. The reviewer is questioning Hart's incomprehension of matters of meaning. The reviewer cites 'analytic' jurisprudence as being the field of Austin -- by whom "John Austin", not J. L. Austin is meant. Austin in turn influenced one Holland and it is THIS Holland which influenced our Hohfeld! So there!

But the wiki entry is very good in the point about power/liability/disability, so thanks, L. J. Kramer!

---