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An Analysis on Vagueness of Legislative Language

Author: TanLiJuan
Tutor: LvWanYing
School: Central South University for Nationalities
Course: Foreign Linguistics and Applied Linguistics
Keywords: Legislative language Legislative principles Fuzziness Generality Flexibility
CLC: H030
Type: Master's thesis
Year: 2009
Downloads: 77
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Abstract


Legal language as a kind the Statute of language branch, its unique style of language is one of the wording is very accurate, in order to avoid unnecessary ambiguity, which is conducive to the application of the law and convenient Shunda, because legal norms is the will of the state's performance also important safeguard social stability. The authority and force of the law determines the legislative language must have a high degree of accuracy and rigorous scientific, accurate use of language to express the state legislative ideology and specific legal content, so that all citizens (including legislative, judicial and law enforcement officers) to clearly understand their rights and obligations as citizens. Nevertheless, fuzzy or generally exist in the language of the law, especially in the legislative language. Legal phenomenon is complex and intricate, legislators impossible to predict all going to happen in the legal activities of limited legal norms, it is impossible to fully adjust all social behavior. Therefore, in order to expand the legal norms applicable range, legislators enhances the freedom and flexibility of the legislative language, which helps to enhance the legislative language inclusive room for maneuver left to the interpretation of the legal provisions, but also enhance the fuzzy and abstract. In view of this, the fuzzy legislative language helps us objectively understand and correctly deal with fuzzy legislative language, fuzzy language carries precise legal language is difficult to convey information, to obtain a dynamic equilibrium between fuzzy and accuracy, and ultimately to achieve the purpose of improving legislative technique to maximize the fight against crime. The analysis from the three levels of the vagueness of the legislative language. The first level is the level the lexical level fuzzy legislative language ambiguity was the most prominent. According to the different parts of speech, fuzzy legislative language is divided into fuzzy nouns, adjectives, verbs, adverbs, pronouns and prepositions. These words are the main object of study of the vagueness of the legislative language. The second level is the ambiguity of the sentence level, using a parallel legislative language means to increase the applicability of legal provisions. The third level is the logic of fuzzy logic structure is an important strategy adopted by the pillars of the law and legal language, but also legislators. In this paper, the theory of cognitive science and semiotics a brief analysis of the fuzziness of the natural language, the focus of the article is that the fuzzy analysis of the legislative language. First, the generality of legislative language features, as much as possible with the limited provisions of the law to include a wider range of legal behavior. Legislative requirements of the principle, the rapid social changes, and the text of the law is relatively fixed, so fuzzy legal extension of the concept can be extended to the limits prescribed by law. Third, the characteristics of the language itself, the use of vague language can be room for flexibility to law enforcement. Fourth, the use of fuzzy language to be effective in safeguarding the rights and interests of the parties concerned. Finally, the impact of cultural differences can also cause the vagueness of the language of the legislation.

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CLC: > Language, writing > Linguistics > Semantics,pragmatics,lexicology, meaning school > Semantics, pragmatics
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