Obscurity and Clarity in the Law: Prospects and Challenges

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Anne Wagner, Sophie Cacciaguidi-Fahy
Ashgate Publishing, Ltd., 2008 - Law - 262 pages
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This book explores how the various disciplines of law and linguistics can help us understand the nature of legal language - both oral and written - and how it might be improved and clarified. It presents and examines the most recent research and theories, along with practical guidance on how to avoid obscurity in legal drafting and legal interpretation at national level and on the international scene.The aims of the book are thus two folds. The first is to critically reach a nexus between the disciplines of law and language with respect to the debates on the use of clarity in legal discourse. The second is to achieve an international perspective on the issues, drawing from a wide range of legal and political contexts.
  

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Contents

The Chiaroscuro of Legal Language
1
Objectivity and Subjectivity in Interpretation
25
Rules and Statements
39
Judicial Needlework
69
Customising The Model Law on International Commercial Arbitration
89
Is The Chinese Legal Language more Ambiguous and Vaguer?
109
Conceptual and Textual Structure in Legislative Texts
129
The Swedish Approach to Clear Legislation and Clear Official Texts
165
What How When and Why Making Laws Easier to Understand
181
Bibliography
235
Index
252
Copyright

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About the author (2008)

Anne Wagner, PhD, is an assistant professor in the Department of Sociology and cross-appointed to Child and Family Studies at Nipissing University. Her areas of research focus on gender, race and (higher) education, critical pedagogies and violence against women

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