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The Language of Law: Methods and Objects

Maksymilian T. Del Mar

University of London - Queen Mary - Department of Law

February 1, 2007

This paper analyses two methods commonly used to understand legal language: deontic logic and the analysis of concepts taken as fundamental for any one or more areas of the law (sometimes called the philosophical foundations of law project). In doing so I introduce what I call the phenomenon of linguistic regress, and I do so in order to show why and how these methods necessarily fail as theories of legal language. I argue, in short, that any form of content-determination of concepts or norms fails as a method for understanding legal language because of the phenomenon of linguistic regress. Given the failure of these two methods, I argue that legal theorists should instead adopt an approach that focuses on explaining the community-based use of commonly-recurring terms and phrases found in legal language - a use, furthermore, that is most commonly exercised by legal experts (of varying degrees of skills), operating in different and interacting contexts of expertise (judicial, legislative and scholarly), and more broadly, as members of a legal community not impervious to influence from other kinds of communities.

Number of Pages in PDF File: 31

Keywords: Language, deontic logic, conceptual analysis, legal theory, descriptive regressive, community-based use

JEL Classification: K00

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Date posted: November 27, 2007 ; Last revised: June 7, 2010

Suggested Citation

Del Mar, Maksymilian T., The Language of Law: Methods and Objects (February 1, 2007). Available at SSRN: https://ssrn.com/abstract=1032870 or http://dx.doi.org/10.2139/ssrn.1032870

Contact Information

Maksymilian T. Del Mar (Contact Author)
University of London - Queen Mary - Department of Law ( email )
Mile End Road
Mile End
London, E1 4NS
United Kingdom
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