Legal language and legal interpretation

✍ Scribed by Jerzy Wróblewski

• Publisher: Springer Netherlands
• Year: 1985
• Tongue: English
• Weight: 821 KB
• Volume: 4
• Category: Article
• ISSN: 0167-5249
• DOI: 10.1007/bf00157090

✦ Synopsis

The relations between the problems of legal interpretation will be presented here together with a discussion of some features of legal language. A central point to our discussion is that the fuzziness of legal language is considered a determining factor of the problems of legal interpretation.

I. LEGAL LANGUAGE

1. Legal language is the language in which legal prescriptions or legal norms (see section 3) are formulated) We are interested here in statutory legal systems in which law is thought of as given in or derived from statutes and other normative acts. The theoretical paradigm of the system of law is the system consisting of enacted rules and their consequences acknowledged as valid. 2

Legal prescriptions are linguistic formulations (prescriptionformulations) and their meanings (prescription-meanings).