Legal language and standardization
January 14, 2020 08:38 Source: "Chinese Social Sciences" January 14, 2020, No. 1857, author: Wang Yidan

Any subject requires some specifications,Scientific discipline structure system is usually a standardized and logical system,They are from facts、Principles、Rules and other elements; and the law is naturally considered a norm as an important discipline in the field of social sciences。The normality of the law is intuitive from the relationship between it and the rules。H.L. A. HART, a famous law philosopher, believes,When we want to answer "what is the law",We should pay attention to the concept of "rule"。The reason is,In any large social organization or group,General rules must be the primary mechanism to realize social control and standardize people's behavior,These rules are presented as the legal terms of writing text。Even the most ordinary person who has not been educated,As long as he/she lives in society,And know that some behaviors will be punished,He/she has the kind of intuition that believes that the legal system is composed of rules。The internal connection between the rules and the law explains how the law has standardized function,Then explains why the legal language is so typical that it should be standardized。

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Of course,Except legal rules,There are still many different types of rules,Rulit Rules、Game rules、Daily language rules, etc.。What needs to be noted is,Different ways of origin,Rules and the behavior required is often diverse。Some rules are more like a guidance manual or instructions,Just indicate how people should do it in order to achieve a certain wish or achieve a certain goal。The legal terms are the rules that essentially contain compulsory commands,Legal judgment and ruling is very strict and strict in the case。Comparison of comparison,Those who violate the law will pay a higher bet365 live casino games price,Sometimes you lose some social and economic interests,Sometimes you lose some social and economic interests。But,How big is the mandatory force for the law,There is no consistent understanding within the contemporary law philosopher。From the perspective of philosophy,The answer to the basic question of "What is the rule '" is still open。Under considerable,Although "it is standardized" is indeed the highest pursuit of legal system,Legislative and law enforcement agencies are eager for that absolute normative,But the question of "whether the legal language is standardized" still does not have an absolute answer。

Language has always been the carrier of the law,Therefore, linguistics and language philosophy are undoubtedly the appropriate angle of exploring the normality of the law。Hart once pointed out in the preface of the "Concept of Law",Studies in the field of legal philosophy cannot ignore the major role of language philosophy,The meaning of words can help people analyze the differences between various social situations and social relations,Research on Language Philosophy Inspiring French philosophers in a new direction。As a subset of ordinary human language,Legal language also contains two dimensions of semantics and words。Based on this framework,If the legal language "is a standard",You need to meet the requirements of two aspects: on the one hand,The significance of any legal clause must be specified。That is to say,The extension of the object described in these legal statements is strict、Clear、No fuzzy。On the other hand,The use of legal language must also be standardized。This situation is much more complicated than the previous aspect,Because of the intention of the legislators、The explanation of the law of law enforcers、The context of legal ruling needs to be considered。For the first aspect,We pay attention to the significance of the meaning of legal terms。Paul A. Boghossian has bet365 live casino games distinguished the two different specifications of language and soul,He believes that the standardization of the language level is not as convincing as the normativeness of the spiritual level,Because the mandatoryness of language significance is often hypothetical。Simply speaking,Language meaning does not contain the speaker or listener should use the language correctly。For example,Xiao Wang knows "+" means adding method and "68+5 = 73",But he will still say "68+5 = 75" for the purpose of testing a child's arithmetic ability.。So,The content of the mind is different,It's hard to imagine that a person actually knows something,But I have a wrong spiritual representation for that matter。Some oral assertions and statements do not necessarily take the truth as the goal in principle,But it must be some kind of spiritual content drive to make the speaker so to do it。

So,Which level of standardization should be used to analyze the significance of legal language? As mentioned above,Laws have a wide range of compulsory features,Although people can misuse the legal language subjectively,They will eventually pay the corresponding heavy price。Therefore,Any person who is rational and mature,Under any circumstances, it will tend to correctly understand and use legal languages; that is,,They are theoretically unwilling to misuse the legal terms。In this sense,The semantic standards of legal language are very special,Its ideal state is closer to the normativeness of the spiritual level。The content of the mind is the first step of knowing,The language will be expressed,The best state is known as known。Legal terms must be able to convey clear information,To guide people to regulate their behavior。The next question is,What kind of use is standardized? in daily life,Legal agents often add their own emotional attitude when using legal terms、Intent, etc.,At this time, the use of legal language is required Bet365 app download to keep close to the basic spirit of the law,That is to regulate social behavior and maintain social order。

  Vague challenges of legal language challenges

The semantics and words of legal language are often tangled,What needs to be clarified is,Semantic research in legal language mainly answers how legal language can bring standardized use,What kind of use is considering what use is specified,The purpose of the legislator,Focus on "Use" itself,Research legal judgment and ruling。Of course we hope that the legal language is both a semantic nor a standard specification,In this case, any case can get the best explanation among the existing legal terms,All legal rulings have also eliminated errors and fuzzyness。But there are always regrets in reality,The common vagueness in legal language brings great challenges to the normative demand。

Philosophy logicists and language philosophers like to study fuzzy in a technical method,They can list a long string of fuzzy words in natural language,For example, "bald", "high", etc.。Scott Saomes believes,Some fuzzyness is from defects from the language itself,He calls "the fuzzyness of technology"; some fuzzyness is context -sensitive,He calls "ordinary fuzzyness"。If a predicate is a technical blur,It must be ordinary fuzzy。Legal language inevitably exists "blurring in technology",that is, semantic blur,This comes from the limitations of human knowledge,The gap between human beings and diverse and infinite worlds。If everything can be recognized, A kind of rule preset a certain order,So this will bring a perfect legal system,It is like a omnipotent logical system,Have a strong description ability,Can calculate the results of all the game games。But the regrettable is,Human legislators will never predict all possible situations that will occur in the future,The work of the legislators is closer to induction,This is one of the main reasons for the vagueness and objective existence of the legal language。

Bet365 app download In addition,Some historical subjective factors will lead to the "ordinary fuzzyness" of legal language,That is a fuzzy use of an attachment。Let's take a look at an example of a means of transport。There is a notice sign in front of the park door saying "The transportation must not enter the inside",and Tom slipped in a skateboard。So did he violate the regulations? Car is undoubtedly transportation,But in a broad sense,Roller skateboard is also included in it。We actually don’t know the extension of the object of the term "transportation" here。Is the information provided by a legal statement?,The key to determine whether the legal expression is blurred。Andrei Marmor thinks,During the legislative process,How much does the legislators hide some meanings,So that the legal language becomes irregular,These hidden meaning is sometimes to leave flexibility in the case of possible unpredictable circumstances。In the example of the transportation above,We can imagine that the hidden information of the signboard is the environment of the transportation that will pollute the park,The staff deliberately leave room for the vague situation,But they can judge based on the original purpose: bicycles and wheel skateboards are obviously allowed,Tom did not violate regulations。In short,It is because of the legal terms implies many invisible intentions,The extension of its extension will always be maintained with an unsatisfactory state。

  Gradually become a standard legal language in legal practice

From the above you can know,Legal language is not as standard as we expect。Lucky is,Regardless of the purpose of the law,,From the perspective of the motivation of pursuing normality,We all have many reasons that the law should be standardized。The scope of those legal languages ​​has clearly described is of course clear enough,Most of the fuzzy nature of unreasonable only exists in specific cases。As Hart approved,Bet365 app download In ordinary cases,The general expression of legal language can be clearly used in a similar context。The law provides a list that can be done and unable to do more clearly than other languages ​​in other languages,and this list does not contain variable standards。The easiest example is intentional homicide -of course we will oppose all the behaviors of intentional homicide,Because life is the highest principle。

Although the legal language is blurred in the sense of philosophy,and often there are often implicit information,But through experience research and ruling experience accumulation,Legal terms can always be continuously supplemented and improved。Legal interpretation is a measure that is often taken,It mainly determines the content that the law has not yet made。The explanation of the part of the law that is clearly expresses is direct,The legal interpretation of the more broad sense is under the premise of considering the purpose of the legislative agency,clarify the literal meaning of legal language in those unknown situations。In order to make the legal language be standardized,Somes proposed two methods: First of all,When the purpose intention of the legal terms and the meaning of the literal content conflict,The judge should weigh the advantages and disadvantages of all parties,Eliminate very few special cases to achieve the maximum consistency。Next,When multiple legal terms are put together when they are not harmonious with the facts of the case,The judge should limit at least one of the corresponding terms to meet the facts。

In short,In legal language,Irregularity is existence and exists only in specific boundaries,This makes a principled decision between the court and the officials in the conflict of interests,and the balance of the establishment of all parties provides opportunities。Legal language does not look so standard,But it should be a specification。and,Through every legal Bet365 lotto review practice,such as legal interpretation and legal revision,The legal language is in fact pursuing it constantly becoming an absolute "standard"。

  (This article is the Science Research Fund of the Renmin University of China (Special Funding of the Special Fund Fund Fund Fund Fund Fund for the Central University) Project "Logic and Language Philosophy 'Social Properties" (19xnh134) phased achievement)

(Author Unit: School of Philosophy of Renmin University of China)

Editor in charge: Zhang Jing
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