The Concept of Legal Language: What Makes Legal Language ‘Legal‘?

Result code in IS VaVaI

<a href="https://www.isvavai.cz/riv?ss=detail&h=RIV%2F00216224%3A14220%2F23%3A00130713" target="_blank" >RIV/00216224:14220/23:00130713 - isvavai.cz</a>

Result on the web

<a href="https://link.springer.com/article/10.1007/s11196-023-10010-5" target="_blank" >https://link.springer.com/article/10.1007/s11196-023-10010-5</a>

DOI - Digital Object Identifier

<a href="http://dx.doi.org/10.1007/s11196-023-10010-5" target="_blank" >10.1007/s11196-023-10010-5</a>

Result language

angličtina

Original language name

The Concept of Legal Language: What Makes Legal Language ‘Legal‘?

Original language description

Many legal theorists and linguists have addressed the notion of legal language from different perspectives. Despite that, the definitions of legal language vary. Almost all of the approaches conclude that legal language entails several types of communication. Nevertheless, not all of these categories are sufficiently researched. Some types of legal communication seem to be neglected. This lack of interest might be rooted in the uncertainty of whether these texts or utterances even fall under the scope of the concept of legal language. In order to avoid this superficiality in subsequent research, it is first necessary to come to a clear determination of which communicative acts can be considered a part of legal language and which cannot. Accordingly, in this search for the definition of legal language, we should not neglect the fact that language is executed in concrete communicative acts, and the only means to grasp the language is through communication. The aim of this article is therefore to clearly delineate the boundaries of this concept. Based on analysis of how the given term is currently defined, I draw out the common features and trace the characteristics in which they differ. Taking into account these findings, I propose a novel comprehensive demarcation of legal language. This concept argues that the ‘legal’ nature of language should be determined by the context and function of the particular statement or exchange, in connection with the role of participants in the communication. This means that a particular act may be considered a part of legal language not in accordance with a certain form or lexicon used, but mainly by extralinguistic circumstances in the context of which it is being performed.

Czech name

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Czech description

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Type

J_imp - Article in a specialist periodical, which is included in the Web of Science database

CEP classification

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OECD FORD branch

50501 - Law

Project

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Continuities

S - Specificky vyzkum na vysokych skolach

Publication year

2023

Confidentiality

S - Úplné a pravdivé údaje o projektu nepodléhají ochraně podle zvláštních právních předpisů

Name of the periodical

International Journal for the Semiotics of Law-Revue Internationale de Semiotique Juridique

ISSN

0952-8059

e-ISSN

1572-8722

Volume of the periodical

36

Issue of the periodical within the volume

3

Country of publishing house

CZ - CZECH REPUBLIC

Number of pages

27

Pages from-to

1081-1107

UT code for WoS article

000984219800002

EID of the result in the Scopus database

2-s2.0-85158144489