The Interpretative Nature of Law and the Role of Language
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Abstract
Language, being a tool of communication, was never studied in connection with the field of law in the past. Legal experts concentrated only on the law in their studies. However, law and language have been a point of focus in law schools in recent times. Interpretation has played a crucial role in court decisions. Naturally, it boils down to the linguistic nature of law. Even though some jurists believe that law is independent and objective in its nature, that is not true. Its very existence depends upon language, and language is deeply rooted in the socio-cultural fabric of the society. Therefore, language is essential to understand the true nature of law.
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Austin, John. The Province of Jurisprudence Determined. Edited by Wilfrid E. Rumble, Cambridge UP, 1995, p. 157.
Bhatia, Vijay K. Analyzing Genre: Language Use in Professional Settings. Pearson Longman, 1993, p. 111.
Concise Oxford English Dictionary. 12th ed., 2011.
Danet, Brenda. "Language in the Legal Process." Law and Society Review, vol. 14, no. 3, Spring 1980, pp. 445–564. JSTOR, www.jstor.org/stable/3053192. Accessed 20 Dec. 2016.
Fish, Stanley. There’s No Such Thing as Free Speech and It’s a Good Thing, Too. Oxford UP, 1994, p. 142.
Hart, H. L. A. "Positivism and the Separation of Law and Morals." Harvard Law Review, vol. 74, no. 4, Feb. 1958, pp. 593–629. JSTOR, www.jstor.org/stable/1338225. Accessed 15 Feb. 2012.
---. The Concept of Law. 2nd ed., Oxford UP, 1994, p. 3.
---. The Concept of Law. 2nd ed., edited by Penelope A. Bulloch and Joseph Raz, Clarendon Press, 1994, p. 205.
Havranek, Bohuslav. “The Functional Differentiation of the Standard Language.” Books, 2010–2019, p. 29. digilib.phil.muni.cz/bitstream/handle/11222.digilib/131564/Books_2010_2019_071-2014-1_6.pdf.
Kelsen, Hans. The Pure Theory of Law. University of California Press, 1967, pp. 3–4.
Ketcham, E. H. “Sources and Forms of Law.” International Journal of Ethics, vol. 40, no. 3, Apr. 1930, pp. 363–71. JSTOR, www.jstor.org/stable/2377778. Accessed 20 Apr. 2017.
Luhmann, Niklas. Law as a Social Institution. Translated by Klaus A. Ziegert, edited by Fatima Kastner et al., Oxford UP, 2004, pp. 147–48.
Mertz, Elizabeth. “Language, Law, and Social Meanings: Linguistic/Anthropological Contributions to the Study of Law.” Law and Society Review, vol. 2, no. 2, 1992, pp. 413–46. JSTOR, www.jstor.org/stable/3053903. Accessed 11 June 2014.
Phillips, Alfred. Lawyers’ Language: How and Why Legal Language is Different. Routledge, 2003, p. 52.
Pitkin, Hanna Fenichel. Wittgenstein and Justice: On the Significance of Ludwig Wittgenstein for Social and Political Thought. University of California Press, 1972, p. 3.
Pound, Roscoe. “Sources and Forms of Law.” Notre Dame Law Review, vol. 21, no. 4, 1946, pp. 247–314. scholarship.law.nd.edu/ndlr/vol21/iss4/1. Accessed 2 May 2017.
Schane, Sanford. Language and the Law, p. 3. idiom.ucsd.edu/~schane/law/introduction.pdf. Accessed 20 Jan. 2018.
Stroup, Daniel G. “Law and Language: Cardozo’s Jurisprudence and Wittgenstein’s Philosophy.” Valparaiso University Law Review, vol. 18, no. 2, Winter 1984, pp. 331–71. scholar.valpo.edu/vulr/vol18/iss2/3. Accessed 20 Oct. 2017.
Tiersma, Peter M. Legal Language. U of Chicago P, 1999, p. 1.
Williams, Christopher. “Legal English and Plain Language: An Introduction.” ESP across Cultures, vol. 1, 2004, p. 112.
Wroblewski, Jerzy. “Legal Language and Legal Interpretation.” Law and Philosophy, vol. 4, 1985, pp. 239–55.