The meaning(s) in law and language
This paper revisits the delicate relation between law and language, with language inevitable serving as the vehicle of legal deliberations and pronouncements, and in particular their seemingly irreconcilable qualities: while law is predicated on the concept of the rule of law (or Rechtsstaat) which...
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| Format: | Article |
| Language: | deu |
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University of Ljubljana Press (Založba Univerze v Ljubljani)
2013-12-01
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| Series: | Linguistica |
| Online Access: | https://journals.uni-lj.si/linguistica/article/view/648 |
| _version_ | 1797949234114199552 |
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| author | Matej Accetto |
| author_facet | Matej Accetto |
| author_sort | Matej Accetto |
| collection | DOAJ |
| description |
This paper revisits the delicate relation between law and language, with language inevitable serving as the vehicle of legal deliberations and pronouncements, and in particular their seemingly irreconcilable qualities: while law is predicated on the concept of the rule of law (or Rechtsstaat) which in turn calls for a clear and predictable system of norms ensuring equal treatment, language is often indeterminate or ambiguous, the meaning of words unclear or uncertain. Is language even properly equipped to perform the role asked of it by law? This question is addressed by outlining and analysing the path traversed from the open-ended vagueness of linguistic terms to the uncompromising confines of their legal interpretation, both in the course of adopting legislation and in particular in the course of adopting judicial pronouncements on the meaning of linguistic terms employed.
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| first_indexed | 2024-04-10T21:57:22Z |
| format | Article |
| id | doaj.art-2df65c59d2f24f019e928356ca0f7599 |
| institution | Directory Open Access Journal |
| issn | 0024-3922 2350-420X |
| language | deu |
| last_indexed | 2024-04-10T21:57:22Z |
| publishDate | 2013-12-01 |
| publisher | University of Ljubljana Press (Založba Univerze v Ljubljani) |
| record_format | Article |
| series | Linguistica |
| spelling | doaj.art-2df65c59d2f24f019e928356ca0f75992023-01-18T09:50:19ZdeuUniversity of Ljubljana Press (Založba Univerze v Ljubljani)Linguistica0024-39222350-420X2013-12-0153210.4312/linguistica.53.2.237-252The meaning(s) in law and languageMatej Accetto0Católica Global School of Law, Lisbon This paper revisits the delicate relation between law and language, with language inevitable serving as the vehicle of legal deliberations and pronouncements, and in particular their seemingly irreconcilable qualities: while law is predicated on the concept of the rule of law (or Rechtsstaat) which in turn calls for a clear and predictable system of norms ensuring equal treatment, language is often indeterminate or ambiguous, the meaning of words unclear or uncertain. Is language even properly equipped to perform the role asked of it by law? This question is addressed by outlining and analysing the path traversed from the open-ended vagueness of linguistic terms to the uncompromising confines of their legal interpretation, both in the course of adopting legislation and in particular in the course of adopting judicial pronouncements on the meaning of linguistic terms employed. https://journals.uni-lj.si/linguistica/article/view/648 |
| spellingShingle | Matej Accetto The meaning(s) in law and language Linguistica |
| title | The meaning(s) in law and language |
| title_full | The meaning(s) in law and language |
| title_fullStr | The meaning(s) in law and language |
| title_full_unstemmed | The meaning(s) in law and language |
| title_short | The meaning(s) in law and language |
| title_sort | meaning s in law and language |
| url | https://journals.uni-lj.si/linguistica/article/view/648 |
| work_keys_str_mv | AT matejaccetto themeaningsinlawandlanguage AT matejaccetto meaningsinlawandlanguage |