DIRECTIVE ACTS IN INTERNATIONAL LEGAL DISCOURSE: SCALE OF ILLOCUTIONARY FORCE INTENSITY

Abstract

The article introduces an eight-component taxonomy of directives in international legal discourse, depending on the degree of illocutionary force, based on the criteria of illocutionary markers, directive force mitigators and modifications of the prototypical structure of directives. The research integrates the methods of speech act analysis, tools of the theory of mitigation and discourse analysis. An eight-point degree of intensity distinguishes directives with the verbs "shall" and "must" to indicate obligations in the performative part of the prototypical structure of directives. The seventh-point degree is marked by “should” to designate recommendation. Explicit directives extended with hedges specifying possibilities of the norm adaptation in favor of the capabilities of states fall under the sixth position. The fifth degree of intensity is typical for acts marked with adjectives indicating the urgency of action. The fourth position on the scale of deintensification pertains to directives with obligative verbs in the passive construction of the propositional component, with the performative component being omitted. Directives occupying the third position on the scale of illocutionary force intensity are marked, in addition to the omitted performative component, with hedges that allow for deviation from the norm in application. A two-point degree of intensity distinguishes acts with an omitted performative component in which the position of the phrasal subject is taken by nominations of the object of obligations, instead of legal subjects. Directives with an omitted performative component, where the legal subject is replaced by the designation of the object of the directive action and the performative verb is replaced by an indirect marker of obligation, occupy the first position in terms of de-intensified illocutionary force level.