Laws of Language and Legal Language: A Study of Legal Language in Some Indonesian Regulations

Authors

  • Shidarta Shidarta Bina Nusantara University

DOI:

https://doi.org/10.21512/humaniora.v8i1.3700

Keywords:

laws of language, legal language, legal hermeneutics, legal reasoning

Abstract

Legal language must follow the laws of language (grammar) that widely known and commonly used by the public, including groups of the scientist. Legal language on the other hand also recognizes specific terminologies. These terminologies were introduced by jurists or by legislative power holders. Accordingly, legal language became the product of legal doctrines or political decisions. The problems arose when a number of compositions and legal terms turned out to be elusive, convoluted, and ambiguous due to the pattern of writing that was once done and because of certain considerations. This article proposed reviewing the factors that result in problems. The author presented a solution to observe using hermeneutic methods of law and legal reasoning. The author argued that the text of the law was not neutral since it was trapped not only by the laws of language but also by the perspective of the interpreters as they believed such a perspective was based on the guidance of legal science. By using legal hermeneutics can be checked the depth of the meaning of the law; while over the legal reasoning can be seen its rationale according to legal science.
Dimensions

Plum Analytics

Author Biography

Shidarta Shidarta, Bina Nusantara University

Business Law Department, Faculty of Humanities

References

Allott, P. (1999). The concept of international law. European Journal of International law, 10(1), 31-50.

Booryazadeh, S. A. (2014). Barthes' irreversible codes: an intertextual reading of James Joyce's 'Araby'. International Journal of Applied Linguistics and English Literature, 3(1), 137-141.

Danet, B. (1980). Language in the legal process. Law and Society Review, 14(3), 445-564.

Hallevy, G. (2010). A modern treatise on the principle of legality in criminal law. Heidelberg: Springer.

Keith, L. C., Tate, C. N., & Poe, S. C. (2009). Is the Law A Mere Parchment Barrier to Human Rights Abuse? The Journal of Politics, 71(2), 644-660.

Mootz, F. J. (2009). On philosophy in American law. Cambridge: Cambridge University Press.

Moules, N. J., Field, J. C., McCaffrey, G. P., Laing, C. M. (2014). Conducting hermeneutic research. Journal of Applied Hermeneutics, 1 – 13. Retrieved from http://jah.journalhosting.ucalgary.ca/jah/index.php/jah/article/view/66/pdf.

Moules, N. J., & McCaffrey, G. (2015). Catching hermeneutics in the act. Journal of Applied Hermeneutics, 1 - 4.

Morris, C.W. (1970). Foundations of the theory of signs. Chicago: Chicago University Press.

Posner, R. A. (1987). Legal formalism, legal realism, and the interpretation of statutes and the constitution. Case Western Reserve Law Review, 37(2), 179 – 794.

Radbruch, G. (1999). Rechtsphilosophie–selected and rearranged excerpts, English translation. In R. Dreier & Stanley L. Paulson (Eds). Heidelberg: C.F. Mueller.

Shidarta (2013, January 20). Catatan seputar hukum persaingan usaha. Retrieved December 2nd, 2017 from http://business-law.binus.ac.id/2013/01/20/catatan-seputar-hukum-persaingan-usaha/

Swiffen, A. (2011). Law without a lawgiver: legal authority after sovereignty. Journal of Law, Culture and the Humanities, 7(1) 66 – 80.

Terrell, T.P. (2012). The art of legal reasoning and the angst of judging: of balls, strikes, and moments of truth. Journal of Law & Social Policy, 8(11), 35 – 88.

Waugh, P. (2006). Literary theory and criticism: an Oxford guide. New York: Oxford University Press.

Downloads

Published

2017-01-31

Issue

Section

Articles
Abstract 352  .
PDF downloaded 209  .