LAST WILLS AND TESTAMENTS AS A LEGAL COMMUNICATIVE ACTION
Journal Title: ІНОЗЕМНА ФІЛОЛОГІЯ - Year 2016, Vol 129, Issue
Abstract
The Last Will and Testament is a crucial legal document of inheritance law and plays an important role in the life of any society. The present paper garners suffi cient evidence for the study of the given text type along the lines of speech acts linguistics. In this context the Last Will and Testament is shown to be a legal communicative action which entails performative speech acts within the language canvas of the document. Speech acts in Last Wills and Testaments are described as communicative actions that are deferred and come into effect only after the testator’s death. Logical sequences of such speech acts within the Last Wills and Testaments can be construed as manifesting a very specifi c illocutionary force; they are assigned the status of actions of bequeath. The analysis of the texts of the Last Wills and Testaments reveals three types of an explicit performative: I x that; I x to; I x and there types of speech acts:exercitives, commissives and expositivesExercitives express the will of the testator to dispose of his/her real and personal properties before death. They are verbalized with the help of the verbs denoting bestowal(give, bequeath, order, direct, device, declare, leave and further) and appointingthe executors or executrixes (nominate, constitute, appoint). Commissives are acts of testifying. Revocation is a part of the Willwhich is an expositive speech act in nature; it is verbalized using the verbto revoke. The performativeness of the speech acts found in the Last Wills and Testaments studied is strengthened by means of the deictic elements of the type o f herebyplacedbetweenthe subject and the predicate/
Authors and Affiliations
Olha Kulyna
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