S. Schane, LIGN 105, Law &
Language
Little
Red Riding Hood & Hearsay
Read the accompanying story of Little Red Riding Hood, which follows this
assignment.
Assume that a Witness (in court) is
relating this story as something she observed as she walked through the woods
and then subsequently as she stationed herself outside the window of Grandma’s
house. In telling her story, the Witness quotes utterances made by Red Riding
Hood and the Wolf, both of whom are NOT in the courtroom. For each of
these out-of-court statements, decide whether or not it is hearsay and give an explanation for your decision based on speech-act theory.
The paragraph number noted for each
question refers to the numeral found in the lef margin of the text, which is
where you will find the particular utterance at issue.
1. Paragraph 2: Issue: That the
Grandmother was quite competent to take care of herself.”
“Some healthful snacks for my
grandmother, who is certainly capable of helping herself as
a
mature adult.”
Hearsay: Assertive illocution,
propositional content matches issue.
2. Paragraph 3: Issue: That the Wolf
gave a warning to Red Riding Hood.
“You
know, my dear, it isn’t safe for a little girl to walk through these woods
alone.”
Not hearsay: Directive illocution;
warning is a type of directive.
3. Paragraph 4: Issue: That the Wolf
made a sexist remark.
“I
find your sexist remark offensive in the extreme…”
Hearsay: Assertive illocution,
propositional content matches issue
4. Paragraph 5: Issue: That Red Riding
Hood excused herself on leaving the Wolf.
“Now,
if you’ll excuse me, I must be on my way.”
Not hearsay: Directive illocution as it
is being said; requesting someone to excuse you is a type of directive
5. Paragraph 6: Issue: That Grandma was
a nurturing woman.
“Grandma,…I
have brought you some snacks to salute you as a wise and nurturing matriarch.”
Hearsay: Assertive illocution,
propositional content matches issue
6. Paragraph 6: Issue: That Red Riding
Hood believed that Grandma was a wise matriarch.
Same
statement as in 5.
Not hearsay: State of mind; is concerned
with what RRH believes not whether Grandma really is.
7. Paragraph 7: Issue: That the Wolf
asked Red Riding Hood to come closer.
“Come
closer, child, that I might see you.”
Not hearsay: Directive illocution; an
imperative (“Come closer”) functions as an implicit directive.
8. Paragraph 8: Issue: That Red Riding
Hood thought that Grandma had big teeth.
“Grandma,
what big teeth you have!”
Not hearsay: State of mind; is concerned
with what RRH believes
9. Paragraph 10: Issue: That Red Riding
Hood used a few uncomplimentary names in addressing the Wood-Chopper Person.
“Sexist!
Speciesist!”
Not hearsay: Locution. These words of
the English language are not of the complimentary type.
10. Paragraph 10: That the Wolf was a
sexist.
Same
utterance as 9.
Hearsay: Equivalent to “You are a sexist
and you are a speciesist.”, which makes the utterance
an implicit assertive illocution whose
propositional content matches the issue.