As one attempts to stick more legal language pieces onto the sentence, one encounters flexible constraints. An approximation always requires leaving somethings out of account. The average man has little knowledge of the muscular mechanisms of walking, yet knows how to walk. Chomsky inveighs against habit on the grounds that is has no established sense in which it can explain language competence of the acquisition thereof. The classical view is that speech is what speakers actually produce.
Language is the system of skills which produces speech.
Chomsky posited that speech and language are independent entities, each of which is worthy of study in its own right. Hockett views this to be preposterous. When we observe a specific historic event, be it a speech act or otherwise, we can talk about it in two ways. We can be specific, or we can try to generalize. The linguist seeks theories, which are generalizations from observations, and are about speech.