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Studies On The Issues Of Legislative Language

Posted on:2007-08-24Degree:MasterType:Thesis
Country:ChinaCandidate:S H WangFull Text:PDF
GTID:2166360218450614Subject:Law
Abstract/Summary:
This dissertation attempts to make an analysis on the style of legislative language, its specialization and popularization, and its fuzziness and accuracy.From the aspect of style, the style of legislative language is relatively independent. Characteristics of word,sentence and chapter of legal text all reflect the relative independence. From the aspect of word, "criterion", "neutrality" and "consistency" are stressed in the legal text. As for sentence, law provision has its given logic structure. As for character, legal text has its specific text structure.Legislative language consists of legal terms as well as daily words. It is essential to realize that without the construction of legal terms, the law would break up, and without daily words, the law would be a "secret language" which is hard to be understood by common people. The key to the realization of specialization and popularization of legal language is suitable degree. Law is the mixture of terms and daily words. We have never found a law with legal terms only, nor one with daily words only.From the view of vague linguistics, fuzziness is the basic nature of language, while accuracy is a relative one. Taking sample of criminal law, the writer sums up and analyses four pairs of fuzzy legislative language '. absolute fuzziness and relative fuzziness, obvious fuzziness and recessive fuzziness, fuzziness of word and fuzziness of clause, fuzziness of fact and fuzziness of consequence. The reasons of fuzziness are both passive and active. Passive fuzziness comes from the nature of language itself. Language is limited, while the world is unlimited. Language is non-centered but things are changing. Active fuzziness origins from the nature of law. Law is popular, abstract and static. However, the nature of popular, abstract and static of law is based greatly on the fuzziness of language. Therefore, fuzzy language and accurate one both have their importance of existence. It is impossible nor necessary to delete fuzzy language in law. On the other hand, it should be rational to make use of fuzzy language and put fuzzy language and accurate one together.
Keywords/Search Tags:style of legislative language, specialization, popularization, fuzziness, accuracy
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