Abstract

In this paper, we analyzed one of language crimes, solicitation, in terms of speech act theory. Language crime is based on utterance, so the linguistic analysis of utterance is essential for the explanation of crime. Especially speech act theory is more helpful in analyzing language crime than other theories, because the theory provides explanations of language use in view of the communication. Solicitation corresponds to ''Erfolgsdelikte'' like most languages crime. Therefore, the crime is summarized in terms of speech act theory as follows: the utterance of solicitation has the illocutionary act ''requesting'' and the perlocutionary act ''getting''. Due to the defect of the perlocutionary act, we depend on the felicity condition of the illocutionary act ''requesting'' to judge if an utterance implies solicitation. The explanations presented in this paper provide an objective analysis of language evidence. As a result, we can say that the linguistic analysis can supplement the legal comments in the judgment or replace some incorrect legal comments.

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