The Language Analysis On The Fuzziness In The Legal Text

Based on the fuzzy theory in the nature science and fuzzy semantics, the dissertation attempts to make an analysis on the fuzziness on the function and meaning of the legal text, and indicates that the fuzziness is the characteristics of the legal text and suggests some possible solution. Fuzziology takes fuzziness as its studying target, and it focuses much on the elements lying between the two extremes, which is just a complement to the shortcoming of the traditional Two-value Logic System. With the methods from the fuzziology, the elements with non-absolute features can be described more conveniently, and thus the gradual changing process from one extreme to the other could be outlined in a clearer manner. Fuzziness is innate characteristics of humanistic system, so the application of precise methods could not make the correct analysis on the fuzziness in life, and always leads to some perfect but impractical results. This makes it possible and necessary to introduce fuzziology into the study of those systems.Language is also an important part of humanistic system; it owns the feature of fuzziness, too. The study on the fuzziness in language forms a new branch on linguistics---Fuzzy Linguistics. The achievements in this field give us a reference to apply fuzziology to other language-related disciplines. Legal text is written in law language, which covers both legal study and linguistics study. The language analysis involves the application of the legal concept and legal language, the legal fact described in the legal text, the interpretation to the legal text, the communication between text producer and text receiver, and the legal context. With the achievements of fuzzy Linguistics, the fuzzy language in the legal text can be dealt with in a more reasonable and flexible way. Language could be analyzed by its form, meaning, and function. The fuzziness in the legal text mainly shows in its function and meaning. The research on the fuzziness does not intend to deny the exactness in pursuit of fuzziness, but attempts to search the exactness in the fuzziness, and the dissertation indicates that exactness in the legal text is unattainable in the social reality, and the fuzziness is "the second good" of the lawmakers. Because the lack of the systematic study on the fuzziness, it is always regarded as "imperfect". Legal interpretation tries to eliminate the fuzziness in the legal text. It was not until the birth of the fuzzy theory, when the fuzziness is adopted in the cognitive .The dissertation makes analysis on the interpretation method, namely, literary interpretation, purpose interpretation and context interpretation, and states that fuzziness is absolute.Based on the fuzziness, the dissertation suggests some possible solution, since the legal text must be put into the social reality, too much fuzziness does not fit human need. These suggestions are active ways to deal with the fuzziness, for a perfect interpretation method could not provide logically at the language level.