On the Forms and Thorns of Linguistic Indeterminacy in Chinese Law
This study addresses the different types and implications of linguistic indeterminacy in Chinese law. It firstly draws on the studies of scholars of different disciplines, such as linguistics and philosophy of language, to provide a taxonomy of indeterminacy in language. It then provides examples of...
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| Format: | Article |
| Language: | deu |
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Adam Mickiewicz University, Poznan
2021-03-01
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| Series: | Comparative Legilinguistics |
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| Online Access: | https://doi.org/10.2478/cl-2021-0004 |
| _version_ | 1818539733183102976 |
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| author | Mannoni Michele |
| author_facet | Mannoni Michele |
| author_sort | Mannoni Michele |
| collection | DOAJ |
| description | This study addresses the different types and implications of linguistic indeterminacy in Chinese law. It firstly draws on the studies of scholars of different disciplines, such as linguistics and philosophy of language, to provide a taxonomy of indeterminacy in language. It then provides examples of each type, highlighting the implications in law and legal interpretation. It uses linguistic data from various texts, such as statutory laws and judgements, and analyses them with various methods, including discourse analysis and corpus linguistics. This study argues that when the language of the law is indeterminate, the legal outcomes may be particularly uncertain. It suggests that although it is difficult to ascertain whether the degree of indeterminacy is higher in some languages more than in others, some linguistic mechanisms at the word-formation level in Chinese, such as portmanteaus and the modifier-modified structure, are remarkably ambiguous. When uncertain terms are in key parts of the law, the consequences may be more serious. The study of linguistic indeterminacy in Chinese has implications for the study of forensic linguistics, and Chinese studies in general. |
| first_indexed | 2024-12-11T21:45:59Z |
| format | Article |
| id | doaj.art-418e65dd11604d3399e4a72bd4dbabfc |
| institution | Directory Open Access Journal |
| issn | 2391-4491 |
| language | deu |
| last_indexed | 2024-12-11T21:45:59Z |
| publishDate | 2021-03-01 |
| publisher | Adam Mickiewicz University, Poznan |
| record_format | Article |
| series | Comparative Legilinguistics |
| spelling | doaj.art-418e65dd11604d3399e4a72bd4dbabfc2022-12-22T00:49:36ZdeuAdam Mickiewicz University, PoznanComparative Legilinguistics2391-44912021-03-01451619210.2478/cl-2021-0004On the Forms and Thorns of Linguistic Indeterminacy in Chinese LawMannoni Michele0Department of Foreign Languages and Literature, University of Verona, Italy; Polo Zanotto - Viale Università, 4 - 37129 Verona, Italymichele.mannoni@univr.itThis study addresses the different types and implications of linguistic indeterminacy in Chinese law. It firstly draws on the studies of scholars of different disciplines, such as linguistics and philosophy of language, to provide a taxonomy of indeterminacy in language. It then provides examples of each type, highlighting the implications in law and legal interpretation. It uses linguistic data from various texts, such as statutory laws and judgements, and analyses them with various methods, including discourse analysis and corpus linguistics. This study argues that when the language of the law is indeterminate, the legal outcomes may be particularly uncertain. It suggests that although it is difficult to ascertain whether the degree of indeterminacy is higher in some languages more than in others, some linguistic mechanisms at the word-formation level in Chinese, such as portmanteaus and the modifier-modified structure, are remarkably ambiguous. When uncertain terms are in key parts of the law, the consequences may be more serious. The study of linguistic indeterminacy in Chinese has implications for the study of forensic linguistics, and Chinese studies in general.https://doi.org/10.2478/cl-2021-0004linguistic vaguenesslinguistic ambiguitychinese lawchinese legal languagecross-lingual studies |
| spellingShingle | Mannoni Michele On the Forms and Thorns of Linguistic Indeterminacy in Chinese Law Comparative Legilinguistics linguistic vagueness linguistic ambiguity chinese law chinese legal language cross-lingual studies |
| title | On the Forms and Thorns of Linguistic Indeterminacy in Chinese Law |
| title_full | On the Forms and Thorns of Linguistic Indeterminacy in Chinese Law |
| title_fullStr | On the Forms and Thorns of Linguistic Indeterminacy in Chinese Law |
| title_full_unstemmed | On the Forms and Thorns of Linguistic Indeterminacy in Chinese Law |
| title_short | On the Forms and Thorns of Linguistic Indeterminacy in Chinese Law |
| title_sort | on the forms and thorns of linguistic indeterminacy in chinese law |
| topic | linguistic vagueness linguistic ambiguity chinese law chinese legal language cross-lingual studies |
| url | https://doi.org/10.2478/cl-2021-0004 |
| work_keys_str_mv | AT mannonimichele ontheformsandthornsoflinguisticindeterminacyinchineselaw |