Legal Norms as Linguistic conventions

In Annual of Sofia University St. Kliment Ohridski, Faculty of Philosophy, Postgraduate Students Book, Volume 4. Sofia University Press. pp. 15-30 (2020)
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Abstract

Law is the main regulator of public relations, and the question of the proper use and understanding of legal language is essential for law enforcement. This topic is of interest to both lawyers and philosophers, who often join efforts to study it. This article attempts precisely to take such an interdisciplinary approach when examining legal rules as specific linguistic conventions. First of all, for the sake of a better and more thorough understanding of legal language, legal norms are viewed both from the point of view of semantics and from the point of view of pragmatics. Therefore, for this purpose, a distinction is made between legal norms and legal provisions as their linguistic equivalent. Legal norms are then explored through Wittgenstein's Later Philosophy, which describes their semantic content. The pragmatic aspect of the question is explained through John Austin's theory, thus treating legal rules as a kind of specific speech act of a conventional nature.

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Боян Баханов
Sofia University St. Kliment Ohridski (Alumnus)

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References found in this work

Convention: A Philosophical Study.David Lewis - 1969 - Synthese 26 (1):153-157.
Convention: A Philosophical Study.David K. Lewis - 1971 - Philosophy and Rhetoric 4 (2):137-138.
The province of jurisprudence determined.John Austin (ed.) - 1861 - Indianapolis, IN: Hackett.
The Language of Law.Andrei Marmor - 2014 - Oxford University Press UK.

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