Due Care and Attention

This birthday cake is literally as big as a house!

Assuming that Heston Blumenthal were not involved in the baking, the cake is almost certainly of standard proportions. It’s an oft-lamented and well-noted abuse of language, the use of literally when figuratively were the correct choice of word, thought it’s worth noting that the noting of such has apparently done little good. I confess to feeling annoyance too, but I do my best to remember that I probably also transgress other rules of grammar and meaning, offences of which I remain ignorant. Matthew (the safety conscious) 7:3.

The example I gave above, no harm done, but imagine if our imaginary speaker had said, “I’m literally going to kill you!” We may perhaps assume from the context of the speaker themselves that they don’t mean it literally, but then we also shouldn’t prejudge their character, so perhaps we should assume that they mean it after all. If so, our actions should be appropriate to the situation. Whatever their subsequent denials, the semantic cat is out of the bag and he won’t go back in without a fight. Get the antiseptic at the ready.

It is held that ignorantia juris non excusat, that is, ignorance of the law does not excuse. My question is, if ignorance of the law is no defence, then is ignorance of language no defence either? If you were to utter the threat above, should you be arrested for making credible threats of violence? Or perhaps we could institute some lesser offence – talking without due care and attention?