By Heikki E.S. Mattila
The language of legislations displays the overlapping, competing and co-existing nature of criminal discourse; its shape either the fabricated from its linguistic heritage and a reaction to the fluidity of criminal tradition. This booklet examines criminal language as a language for specific reasons, comparing the features and features of felony language and the terminology of legislations. utilizing examples drawn from significant and lesser felony languages, it examines the main felony languages themselves, starting with Latin via German, French and English. every one bankruptcy contains an old review of the expansion of the language, its foreign use, its coherence within the a number of international locations utilizing it and its courting to cognate criminal languages. the place correct, the features of felony cultures are defined to give an explanation for the gains of the felony language. The paintings may be a beneficial source for college kids, researchers and practitioners within the components of comparative legislations, criminal thought, semiotics, and linguistics.
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Additional info for Comparative Legal Linguistics
Equally, archaic or foreign vocabulary can also impede understanding of the message. , causa, ordre public. Communication theory refers to “the contagious effect” linked to unintelligible words: the text as a whole becomes unintelligible. At the same time, from the standpoint of citizens, legal terminology is abstract, and therefore obscure. This is notably the case with legislative language, whose abstract character is accounted for by the fact that legal rules have to be applied to a series of speciﬁc cases that are incapable of precise advance deﬁnition.
77–80. Vlasenko 1997: 128–140. Legal Language and Legal Linguistics 15 By contrast, in legal linguistics it is the terms as such that constitute the primary object of research. Because of the link between the two disciplines, legal linguistics requires support from legal science: it is the latter that shows the meaning of legal terms. At the same time, legal theory, legal informatics, legal sociology, and history of law assume fundamental importance from the standpoint of legal linguistics. In the development of legal language, the history of language and history of law are fused, and it is impossible to understand the circumstances in which legal language is used without knowing any sociological data.
96–97. Jayme 2001: 28–30. Legal Language and Legal Linguistics 19 known, a large number of standardised conditions that are often highly complex. These conditions are hard to understand from the standpoint of the ordinary citizen. This led to adoption of the rule in the ﬁeld of contract law according to which standard clauses vaguely formulated are interpreted to the disadvantage of their author (in dubio contra stipulatorem). Thus, in the case of standard contracts, it is the specialist that drew up the contract who bears the risk.