Skip to main content

Link between Legal Semantics and Linguistic Semantics

 LINK BETWEEN THE LEGAL SEMANTICS AND LINGUISTIC SEMANTICS

The legal methods of interpretation show a certain analogy to the methods of linguistic semantics. It appears that positivistic legal interpretation operates in a manner which reminds one of the working methods of structural semantics. is a fixed something that exists outside of the language, that one can ‘find’ by searching properly, and where it is not so relevant where it is found, namely behind the term or in the head of the user of the term, or elsewhere ‘out there in the world’ as that it somewhere to be picked up, has been not unimportant in multidisciplinary semantics.

What is certain is that there must be definability, and definability in the traditional sense means that there must be delimiting borders. We hereby come back to structural semantics and in legal theory to positivism, which two approaches indeed started out from these delimiting borders and from there in the first instance concluded that a number of necessary and sufficient characteristics must be found for the definability of a concept.

If one distances oneself from this approach, as happens in cognitive semantics, one lets go of the delimitation boundaries, but also the idea that the meaning of the concept can be objectively determined, that is, free from value judgments, finds itself somewhere in the world or in space (container model) and is immutable as well as delimited. This last point still applies to those who adhere to the grammatical method.

Because they start from the position that legal concepts have an own or immanent meaning which can also be deduced for future cases from the intention of the legislator, and, if this is unclear or out-dated, from the limits that general use of language imposes, they assume that the borders can be objectively determined, and the text of the law possesses an imminent and immutable meaning which the judge in his legal interpretation process has only to find. The grammatical assessment hereby shows considerable similarity to legal positivism discussed earlier. Although this movement has been superseded, remnants of its way of thinking – as is always the case with movements – continue to exercise their influence in the thought patterns of people for a long time after.

As regards the analogy to cognitive semantics and the synthesis-theories which flow therefrom, such as the ‘Theory-theory’, one can refer to the teleological or functional method in law, or – rather – to the way of thinking whereby functional reasons such as the ratio legis function as element which concretize the meaning and relate it to a hierarchical structure of prototypical aspects of meaning. Underlying and other higher norms, principles of law and points of reference of a policy nature are equally relevant for concretizing the meaning.

In particular the above discussed comparative concepts of function and of principles and policies are therefore related to the starting points of the teleological method. The legal theory of Typuslehre, extensively discussed German, which with its divisions into klassenbegrippen and typebegrippen is moreover first of all a development from the structural-semantic insights of the classical theory of law, seems to be the first legal doctrine to consider premises which are related to the ideas of cognitive semantics. In the work of Kuhlen the relationship between cognitive-semantic language theory views and that of the Typuslehre is first shown (Kuhlen 1977:136) and the comment made that neither in the camp of analytical philosophy nor in that of legal theory does this relationship seems to be recognized.


Link between the Legal Semantics and Linguistic Semantics by Velanati Jyothirmai @ Lex Cliq


Comments

Popular posts from this blog

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...

business tips

1. Have a clear vision for your business and strive to achieve it. 2. Hire great people and give them ownership in the company. 3. Provide excellent customer service. 4. Establish yourself as an expert in your field. 5. Develop relationships with key suppliers, customers, and partners. 6. Keep track of your finances and invest in marketing and innovation. 7. Utilize digital platforms to reach a larger audience. 8. Take calculated risks and back yourself. 9. Continuously strive to improve your products and services. 10. Make customer satisfaction your priority.

Effects of Non-Registration

 Effects of Non-Registration The Companies Act, 2013 evidently highlights that the main essential for any organization to turn into a company is to get itself registered. A company cannot come into existence until it gets registered. But no such obligation has been imposed for firms by the Indian Partnership Act, 1932. If a firm is not registered it does not cease to be called as a firm, it still exists in the eyes law. Certainly, such a big advantage is not absolute but is subjected to a lot of limitations which we will study further. Non-registration of a firm simply means that the business skips the formalities of incorporation and ceases to exist in the eyes of the law. section 58 of the Indian Partnership Act, 1932 deals with the procedure of incorporation. Likewise, the meaning of non-registration is the exact opposite of registration, meaning when a firm does not go through the procedure of incorporation or start carrying on activities without getting registered. Effects of ...