Specifying Context: A Way to Decoding Legal Language  

Oleh:

Wei, Lin

Jenis: Article from Journal - ilmiah internasional
Dalam koleksi: The Asian ESP Journal vol. 6 no. 3 (2010), page 58-68.
Topik: legal language; law; context; performative function of language
Fulltext: Untitled5.pdf (120.17KB)

Isi artikel

Language and law are the two most common and sophisticated co-ordination entities carrying out special functions in human societies. Of these reasons to think that the study of law ought to be related to the study of language. In a sense, language is an essential vehicle for conveying the contents of law; language in fact constructs law. Meanwhile, the unique combination of language and law has resulted in the relevant professional proficiencies and complexities where the linguists, public, even legal professionals are often bewildered. Concerning these particular issues, this paper purposes an approach of decoding the legal language by specifying its context based on the understanding that any legal context is consisted of linguistic and performative aspects. Obviously, the meanings of legal words or terms are determined by different criteria within various contexts. While the criterion varies with legal texts and functions, within any particular context, the question of reasoning is likely turn on variety of considerations. In fact, the most developed area in the contemporary legal language studies is not written legal texts, but the language with performative functions applied in interaction situations. In this way, the so called “real entity” in legal language may always be determined by means of referring either backwards or forwards in the text to related essential information.

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