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Dennis Kurzon, "A Speech Act Approach to 'Dead Letter'
Legislation", in Hanneke van Schooten, ed., Semiotics
and Legislation. Jurisprudential, Institutional and Sociological Perspectives,
123-137: In this article, the "dead letter" status of a law
is analyzed in terms of speech act theory. The analysis is based on previous
discussion of speech act theory and legislation, as well as on two court
cases, one American and the second Israeli, in which the notion of the "dead-letter"
status of a law is central. From an initial assumption that the source of
a "dead-letter" law is one of the preparatory conditions, in that
the hearers -- members of general public -- are unable to fulfil the law,
hence do not fulfil the condition "Hearer is able to do Act. Speaker
believes that H is able to the act," it is shown that the propositional
content condition, i.e. the semantic structure of the provision, may also
be a source for converting a legislative text into a dead letter.
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