The Context Construction Of Legal Interpretation

The Law exists in the form of language not only in the legal provision but also in thecourt’s oral arguments. All the law’s existence is based on a certain language which has itsown social and cultural attributes. These numerous factors have formed the inherent meaningand external features of language. Pragmatics is a discipline which research language rulesand their application in a particular context. In recent years, there are still gaps existed in ourunderstanding of language of law and their application. This article attempts to explain the useof context in the interpretation of the law in a completely new field from a broad perspective.Domestic and foreign scholars have begun to pay attention to the relationship of thelanguage and the law. The legal language plays an indispensable role in the understanding andapplication of the law, because the process of legal interpretation is in essence the process oflanguage application as well as verbal communication. This process also researches the legallanguage from the social and historical perspective as well as solves the thorny issues of legalinterpretation encountered. Therefore, it is particularly important to analyze the context fromthe linguistic philosophy aspect. In the judicial process, the understanding and interpretationof the law takes language as the carrier and also is a process of language application andcommunication. Linguistic dimension of legal interpretation can be reflected by analyzing theexplanations and interpretations of the concept of legal science through the use of pragmatics.Pragmatics is closely related with logic. Its reasoning system provides a logical basis for theunderstanding of the language and the derivation of meaning. The use of logic rules hasformed a reasonable reference for language. The combination of Pragmatics and logic providea more rational thinking mode for legal interpretation.How could Legal interpretation be conducted is one of the most important subject ofcontemporary China’s legal construction. At present, domestic academic research on thissubject is limited and lack of a comprehensive study on the status quo of China’s legalinterpretation. Legal language could be more understandable through analyzing the context oflegal interpretation from the pragmatics perspective. The legitimacy of the legal rules dependson the effective verbal communication between different people-the subjects of the law ratherthan the people’s subjective view. Research on the legal language from different perspectiveshould be combined with the use of linguistics and the rational application of context in the process of legal interpretation.