Can Saying Something Make It So? The Nature Of Seditious Harm

Citation data:

Law and Philosophy, ISSN: 0167-5249, Vol: 29, Issue: 3, Page: 273-305

Publication Year:
2010
Usage 671
Abstract Views 550
Full Text Views 112
Link-outs 9
Captures 40
Exports-Saves 32
Readers 8
Citations 3
Citation Indexes 3
Repository URL:
https://ro.uow.edu.au/artspapers/1205
DOI:
10.1007/s10982-009-9063-0
Author(s):
Sorial, Sarah
Publisher(s):
Springer Nature
Tags:
Arts and Humanities; Social Sciences; seditious; saying; harm; something; make; so; nature; can; Social and Behavioral Sciences
article description
In this paper, I redress an analytic deficit in debates about sedition by providing an explanatorily account of the relation between speech and action using speech act theory as developed by J. L. Austin. The specific focus will be on speech acts advocating violence against the state, in the form of religious sermons preaching violent jihad or glorifying acts of terrorism. This philosophical account will have legal consequences for how we classify speech acts deemed to be dangerous, or to cause harm. It also suggests that because speech can constitute action or conduct in certain circumstances, sedition laws, in principle, might be defensible, but not in their current form. © 2009 Springer 2009.