Obscurity and Clarity in the Law: Prospects and Challenges

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More About This Textbook

Overview

"This book explores the intricate and multi-dimensional conception of clarity and obscurity in the law. It presents and examines the most recent research and theories, along with practical guidance on how to avoid obscurity in legal drafting and its impact on legal interpretation." The book is aimed at a multidisciplinary audience and seeks to promote an interdisciplinary debate on clarity, law and language, calling for the moving of clarity beyond the study of plain language. The aims of the book are thus two fold. The first is to critically reach a nexus between the disciplines of law and language with respect to the debates on clarity in legal discourse. The second is to achieve an international perspective on the issue, drawing from a wide range of legal and political contexts.
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Product Details

  • ISBN-13: 9780754671435
  • Publisher: Ashgate Publishing, Limited
  • Publication date: 8/1/2008
  • Pages: 284
  • Product dimensions: 6.30 (w) x 9.30 (h) x 1.00 (d)

Table of Contents

List of Figures and Tables

Table of Cases

Lists of Conventions, Legislations and Rules

Introduction The Chiaroscuro of Legal Language Sophie Cacciaguidi-Fahy Cacciaguidi-Fahy, Sophie Anne Wagner Wagner, Anne 1

Pt. 1 Crossroads Between Law and Language

1 The Ambiguous Principle of The Clarity of Law Alexandre Fluckiger Fluckiger, Alexandre 9

2 Objectivity and Subjectivity in Interpretation James Kessler Kessler, James 25

3 Rules and Statements Louis E. Wolcher Wolcher, Louis E. 39

4 Unravelling The Legislator's Tapestry: Judicial Needlework on Encroachment Cases Anne-Francoise Debruche Debruche, Anne-Francoise 69

5 Customising The Model Law on International Commercial Arbitration Maurizio Gotti Gotti, Maurizio 89

6 Is The Chinese Legal Language more Ambiguous and Vaguer? Deborah Cao Cao, Deborah 109

Pt. 2 An International Perspective

7 Conceptual and Textual Structure in Legislative Texts Andreas Lotscher Lotscher, Andreas 129

8 Finland Makes its Statutes Intelligible: Good Intentions and Practicalities Aino Piehl Piehl, Aino 151

9 The Swedish Approach to Clear Legislation and Clear Official Texts Barbro Ehrenberg-Sundin Ehrenberg-Sundin, Barbro 165

10 What, How, When and Why - Making Laws Easier to Understand by Using Examples and Notes Ben Piper Piper, Ben 181

11 The Illusion of Clarity: A Critique of 'Pure' Clarity Using Examples Drawn from Judicial Interpretations of The Constitution of The United States M. Douglass Bellis Bellis, M. Douglass 197

12 Between Obscurity and Clarity in Nigerian Legal Discourse: Aspects of Language Use in Selected Written Texts Tunde Opeibi Opeibi, Tunde 221

Bibliography 235

Index 257

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