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This article presents H.L.A. Hart’s theory of an ascriptive legal language as it has been developed in his influential paper “The Ascription of Responsibility and Rights” through the application of a methodology of the speech act theory proposed especially by J.L. Austin and partly by J. Searle. I propose to retrieve Hart’s theory of ascriptive statements in the face of critics by carefully analyzing the ascriptions in the context of the speech act theory and capturing their linguistic applications in the legal language, at least for some of them. The result is not the refutation of ascriptivism but rather an opportunity for a constructive modification of Hart’s position.

Ascriptive legal language and its origins in the speech act theory