For example in the words in law "cruel or unusual punishment" are the two implied to be different things or different meanings of the same thing ?
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4The usual phrase is cruel and unusual punishment. Is there a specific document you're citing that uses the "or" phrasing?– jsheeranCommented Jan 12, 2023 at 11:54
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@jsheeran: Apparently, for a couple of decades back in the mid-1800s, cruel or unusual punishment was the more common form. But I'm sure the intended meaning hasn't changed since then, and it's not like the Victorians didn't know English, so the "usual" phrasing is obviously a bit arbitrary.– FumbleFingersCommented Jan 12, 2023 at 15:58
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This is an interesting question. I have drawn a blank with Collins and Cambridge dictionaries as to what this legal usage of the word signifies. As a guess, 'cruel' must include things like hanging, drawing and quartering for high treason and the stocks, even though they were not unusual in their day. Behind the word 'unusual', surely the idea is that a fair system of punishment requires an expected range of forfeits (such as .in deprivation of liberty or money)– TuffyCommented Jan 12, 2023 at 16:16
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"cruel and unusual punishment" was first used in the English Bill of Rights, 1689.– GEdgarCommented Jan 12, 2023 at 19:18
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'A or B N' where A and B are modifiers is indeterminate in meaning between 'A N or B N' (itself ill-defined; see John Lawler's comment below, and other strings covering 'exclusive or' etc) and 'N that can be described as A or B' (A, B synonyms) or 'N that can be described as A ... or perhaps more accurately, B' (a reformulatory afterthought).– Edwin AshworthCommented Jan 14, 2023 at 13:16
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2 Answers
Or distinguishes alternatives.
or, conj.
- Used to coordinate two (or more) sentence elements between which there is an alternative.
— OED
That doesn't mean that what is being distinguished does not fall into both alternatives. A punishment can be cruel and unusual and would therefore satisfy being "cruel or unusual".
Or is not normally exclusive, where something can fall into only one of the alternatives. If this were the case, a "cruel or unusual" punishment could be cruel, or unusual, but a punishment which is both wouldn't qualify. This sort of exclusivity is normally indicated by adding "but not both" or some similar phrase.
answered Jan 12, 2023 at 11:55
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1Essentially, 'or' is ill-defined, with conflicting usages. I usually use / when I want 'only A, only B, or both A and B' as people are more aware of the loose usage. It also allows the possibility 'perhaps B describes the situation better than A', as 'or' probably does. Commented Jan 12, 2023 at 13:04
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2"Would you like tea or coffee?" implies the person will only choose one, but when asked "Would you like something to eat or drink?" you can choose both. So much is dependent on context and convention.– Stuart FCommented Jan 12, 2023 at 15:14
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Actually the answer to "Would you like tea or coffee?" is "Yes please!" (Reference)– Andrew Leach ♦Commented Jan 12, 2023 at 15:17
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Well, the English conjunction or is ill-defined, as @Edwin says, because it can represent the well-defined "inclusive" Logical OR (TTTF) or the "exclusive" Logical XOR (FTTF) without further morphology. It may be distinguished in context (coffee or tea?) or it simply may be irrelevant, but the decision is a pragmatic one, not a semantic one. Commented Jan 13, 2023 at 21:55
Or can be used to mean:
- Logical or: A or B is true when A is true, B is true, or both are true and false when A and B are false.
- Exclusive or: A xor B is true when A is true, B is true, and no other cases.
For instance see AND, OR, XOR — Bitwise Operators.
Either can be used in common speech. In law, there is often case law that argues for one over the other. This has been held as true in patent law, where the xor variety can be assumed when the or logical operator is argued. Typically one writing a patent would rephrase to avoid the use of or entirely, although not everyone follows that advice.
The use of either can cause problems semantically. For instance:
Assume I like milk in my coffee is true.
Assume I like motor oil in my coffee is false.
Then I like milk or motor oil in my coffee by either definition above is true.
This, however, doesn't match common usage. In that common usage, or actually means and, because both paths must be true for the conclusion to follow.
The answer to your question is that either interpretation can be defended, or both, or neither, depending on context.
