- Oxford Handbooks in Linguistics
- [UNTITLED]
- Acknowledgments
- Contributors
- Abbreviations and Acronyms
- Introduction
- A History Of The Languages Of Law
- Legal Vocabulary
- The Grammar And Structure Of Legal Texts
- Text And Genre
- The Plain Language Movement
- Linguistic Issues in Statutory Interpretation
- Contract Formation as a Speech Act
- Constitutional Interpretation
- Ambiguity And Vagueness In Legal Interpretation
- Legal Interpretation And The Philosophy Of Language
- Bilingual Interpretation Rules As A Component Of Language Rights In Canada
- Word Meaning and the Problem of a Globalized Legal Order
- Challenges To The Legal Translator
- Language And Law In The European Union: The Multilingual Jurisprudence Of The Ecj
- Fifty Years of Multilingual Interpretation in the European Union
- Linguistic Human Rights
- Language Policy in the United States
- Legal Rights of Linguistic Minorities in the European Union
- Investigating the Language Situation in Africa
- The Meaning of Silence in the Right to Remain Silent
- Potential Impact of Juvenile Suspects’ Linguistic Abilities on <i>miranda</i> Understanding and Appreciation
- The Caution in England and Wales
- The Language of Consent in Police Encounters
- The Language of Crime
- Interrogation Through Pragmatic Implication: Sticking to the Letter of the Law While Violating its Intent
- Discourse in the us Courtroom
- Courtroom Discourse in Japan's New Judicial Order
- Courtroom Discourse in China
- The Language of Criminal Trials in an Inquisitorial System: The Case of the Netherlands
- Linguistic Issues in Courtroom Interpretation
- Instructing the Jury
- Using Linguistics in Trademark Cases
- Language And Copyright
- The Psycholinguistic Basis Of Distinctiveness in Trademark Law
- Author Identification In The Forensic Setting
- Corpus Linguistics In Authorship Identification
- Detecting Plagiarism
- Language Analysis For Determination Of Origin: Objective Evidence For Refugee Status Determination
- Factors Affecting Lay Persons’ Identification Of Speakers
- Forensic Speaker Comparison: A Linguistic–Acoustic Perspective
- References
- Index
Abstract and Keywords
In legal systems throughout the world, legislatures write laws, and judges construe and apply them when a dispute arises over their interpretation. This article focuses on the nature of the language issues which cause problems in statutory interpretation, and the ways that courts tend to address them. It looks at American law, in part because American judges, who operate in the common law tradition, generally justify their decisions in written opinions, creating a body of information about interpretive arguments and techniques that makes this legal system a good laboratory for investigating these issues. After describing and illustrating some of the linguistic problems that make language inadequate to define rights and obligations without considering other values, the article discusses linguistic indeterminacies of different sorts, including syntactic ambiguity, semantic ambiguity, ambiguity of reference, and vagueness. It also examines laws whose meaning changes over time, creating a mismatch between the language and the goals of the enacting legislature, and concludes by focusing on legislative errors.
Keywords: legislatures, judges, language, law, statutory interpretation, syntactic ambiguity, semantic ambiguity, ambiguity of reference, vagueness, legislative errors
Lawrence M. Solan, Director of the Center for the Study of Law, Language, and Cognition, Brooklyn Law School
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- Oxford Handbooks in Linguistics
- [UNTITLED]
- Acknowledgments
- Contributors
- Abbreviations and Acronyms
- Introduction
- A History Of The Languages Of Law
- Legal Vocabulary
- The Grammar And Structure Of Legal Texts
- Text And Genre
- The Plain Language Movement
- Linguistic Issues in Statutory Interpretation
- Contract Formation as a Speech Act
- Constitutional Interpretation
- Ambiguity And Vagueness In Legal Interpretation
- Legal Interpretation And The Philosophy Of Language
- Bilingual Interpretation Rules As A Component Of Language Rights In Canada
- Word Meaning and the Problem of a Globalized Legal Order
- Challenges To The Legal Translator
- Language And Law In The European Union: The Multilingual Jurisprudence Of The Ecj
- Fifty Years of Multilingual Interpretation in the European Union
- Linguistic Human Rights
- Language Policy in the United States
- Legal Rights of Linguistic Minorities in the European Union
- Investigating the Language Situation in Africa
- The Meaning of Silence in the Right to Remain Silent
- Potential Impact of Juvenile Suspects’ Linguistic Abilities on <i>miranda</i> Understanding and Appreciation
- The Caution in England and Wales
- The Language of Consent in Police Encounters
- The Language of Crime
- Interrogation Through Pragmatic Implication: Sticking to the Letter of the Law While Violating its Intent
- Discourse in the us Courtroom
- Courtroom Discourse in Japan's New Judicial Order
- Courtroom Discourse in China
- The Language of Criminal Trials in an Inquisitorial System: The Case of the Netherlands
- Linguistic Issues in Courtroom Interpretation
- Instructing the Jury
- Using Linguistics in Trademark Cases
- Language And Copyright
- The Psycholinguistic Basis Of Distinctiveness in Trademark Law
- Author Identification In The Forensic Setting
- Corpus Linguistics In Authorship Identification
- Detecting Plagiarism
- Language Analysis For Determination Of Origin: Objective Evidence For Refugee Status Determination
- Factors Affecting Lay Persons’ Identification Of Speakers
- Forensic Speaker Comparison: A Linguistic–Acoustic Perspective
- References
- Index