Obscurity and Clarity in the Law
Prospects and Challenges
Sophie Cacciaguidi-Fahy author Anne Wagner editor
Format:Paperback
Publisher:Taylor & Francis Ltd
Published:28th Nov '16
Currently unavailable, and unfortunately no date known when it will be back
This paperback is available in another edition too:
- Hardback£150.00(9780754671435)
This volume delves into the complex relationship between clarity and obscurity in law, offering insights and practical guidance for legal drafting and interpretation, while fostering interdisciplinary discussions across various legal contexts.
Obscurity and Clarity in the Law delves into the complex and nuanced relationship between clarity and obscurity within the legal framework. This volume presents a thorough examination of contemporary research and theories surrounding these concepts, emphasizing their significance in legal drafting and interpretation. By offering practical guidance, the book aims to help legal professionals navigate and mitigate obscurity in their work, ultimately enhancing the effectiveness of legal communication at both national and international levels.
Targeting a multidisciplinary audience, the book encourages an interdisciplinary dialogue that extends beyond the mere study of plain language. It seeks to bridge the gap between law and language, fostering critical discussions on clarity in legal discourse. The authors argue that clarity should not only be viewed through the lens of straightforward language but should encompass broader considerations that affect the understanding and application of law.
The dual objectives of the book are to establish a connection between legal and linguistic disciplines regarding clarity and to provide an international perspective on the topic. By drawing on a diverse array of legal and political contexts, the book highlights the varying implications of clarity and obscurity in different jurisdictions. This comprehensive approach not only enriches the conversation around legal clarity but also promotes a deeper understanding of its impact on the interpretation and application of law across the globe.
'What happens when plain language advocates meet experts in law, semiotics, and linguistics? Read this book to find out! Using examples from Chinese, English, Finnish, French, Swedish, and other languages, and representing both civil and common-law jurisdictions, the authors of the essays in this book explain why clarity is in theory so important to the rule of law, but also why in practice it can be so elusive.' Peter Tiersma, Loyola Law School, Los Angeles , USA and author of Legal Language 'This carefully edited book fuses linguistic and legal concepts and combines theoretical and practical perspectives. The contributors explore developments in Europe, North America and Australia and introduce less studied legal cultures such as Africa and China; as well as global settings such as international arbitration. Obscurity and Clarity in the Law is recommended to all readers interested in the problems of legal language, irrespective of their professional background. Heikki E. S. Mattila, University of Lapland, Finland and author of Comparative Legal Linguistics '...I would certainly recommend this volume to legal linguists because, as a whole, it is well-balanced and carefully thought out, with an interesting selection of papers.' International Journal for the Semiotics of Law
ISBN: 9781138275508
Dimensions: unknown
Weight: 453g
284 pages