Obscurity and Clarity in the Law: Prospects and ChallengesAnne Wagner, Sophie Cacciaguidi-Fahy Ashgate Publishing, Ltd., 2008 - 262 頁 This book explores how the various disciplines of law and linguistics can help us understand the nature of legal language - both oral and written - and how it might be improved and clarified. It presents and examines the most recent research and theories, along with practical guidance on how to avoid obscurity in legal drafting and legal interpretation at national level and on the international scene.The aims of the book are thus two folds. The first is to critically reach a nexus between the disciplines of law and language with respect to the debates on the use of clarity in legal discourse. The second is to achieve an international perspective on the issues, drawing from a wide range of legal and political contexts. |
內容
The Chiaroscuro of Legal Language | 1 |
Objectivity and Subjectivity in Interpretation | 25 |
Rules and Statements | 39 |
Judicial Needlework | 69 |
Customising The Model Law on International Commercial Arbitration | 89 |
Is The Chinese Legal Language more Ambiguous and Vaguer? | 109 |
Conceptual and Textual Structure in Legislative Texts | 129 |
O The Swedish Approach to Clear Legislation and Clear Official Texts | 165 |
What How When and Why Making Laws Easier to Understand | 181 |
A Critique of Pure Clarity Using Examples | 197 |
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常見字詞
accessed according action administrative agency ambiguity amendment appears apply approach arbitration authorities called chapter Chinese circumstances civil clarity clauses clear Code common law Community complex concept concerning considered Constitution construction context Court decisions described determined direct documents drafters drafting effect encroachment English European Union example existing expression fact Finnish formulation give given important improvements instance intention International interpretation issues judges judicial land lawyers legal language legal norm legislative linguistic matter meaning method Model nature norm objective obscurity particular parties person plain language possible practice precise present principle problem proposed protection provision Québec question reason records refer regard regulations Reports request requirement result rules sense sentence serious shows signs simple specific statement statutes structure subjective Swedish texts thing translation understand United University vague Wittgenstein writing written