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The role of the language in law-making and legal interpretation

Publication at Faculty of Law |
2021

Abstract

Jurisprudence usually perceives the language as a medium which is to communicate various legally relevant messages. The typical characteristics of the language, namely more relaxed logical links and interlinks are used to explain why certain distortion may occur in transmitting information between communication partners, or why it appears to be desirable to interpret language representations in general.

The paper is to partly rectify such traditional understanding of the language. In addition, there are other significant roles of the language emphasized, which are performed in the course of law-making and interpretation.

It is assumed that the existence of the language (in the text perceived sensu largo) and of its categories is the basic pre-condition not only for making the law but even for contemplating it. The language is to communicate the content of the law, but primarily it construes and structures our minds and creates a certain space for internal (mental) discourse, which may result in different language representations.

The paper explains why the more relaxed linguistic links provide space for finding more relevant and generally pro-systemic meanings of external representations of the law. It is concluded that more attention should again be paid to the language issues within the realm of jurisprudence.