Chapter 11. On the balance between invariance and context-dependence
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Tarja Salmi-Tolonen
Abstract
The central question asked in this chapter is how to reconcile the well-known conundrum of legal language being at the same time decontextualized yet influenced by context. This paradox is addressed here by reviewing the meaning of currently topical legal notions in environments where there are two or more valid jurisdictions – the national and the supranational or transnational – simultaneously present. Textualism and contextualism need not be conflicting paradigms in finding a solution between competing meanings. Rather, a balance could be struck through linguistic explanation. The paradox of competing interpretations is discussed here from the point of view of both law-givers and law-takers.
Abstract
The central question asked in this chapter is how to reconcile the well-known conundrum of legal language being at the same time decontextualized yet influenced by context. This paradox is addressed here by reviewing the meaning of currently topical legal notions in environments where there are two or more valid jurisdictions – the national and the supranational or transnational – simultaneously present. Textualism and contextualism need not be conflicting paradigms in finding a solution between competing meanings. Rather, a balance could be struck through linguistic explanation. The paradox of competing interpretations is discussed here from the point of view of both law-givers and law-takers.
Kapitel in diesem Buch
- Prelim pages i
- Table of contents vii
- Introduction 1
-
Part 1. Historical pragmatics
- Chapter 1. Pleading for life 21
- Chapter 2. “How came you not to cry out?” 41
- Chapter 3. Implicatures in Early Modern English courtroom records 65
- Chapter 4. Literal interpretation and political expediency 81
-
Part 2. Pragmatics of legal writing and documents
- Chapter 5. Making legal language clear to legal laypersons 101
- Chapter 6. Interpreting or in legal texts 117
-
Part 3. Discourse in the courtroom and in police investigation
- Chapter 7. The nature of power and control in the interrogative patterns of selected Nigerian courtroom discourse 133
- Chapter 8. The language of Egyptian interrogations 157
- Chapter 9. Achieving influence through negotiation 181
- Chapter 10. “I really don’t know because I’m stupid” 203
-
Part 4. Legal discourse and multilingualism
- Chapter 11. On the balance between invariance and context-dependence 231
- Chapter 12. Contextuality of interpretation in non-monolingual jurisdictions 257
- Legal pragmatics - subject index proposal 277
Kapitel in diesem Buch
- Prelim pages i
- Table of contents vii
- Introduction 1
-
Part 1. Historical pragmatics
- Chapter 1. Pleading for life 21
- Chapter 2. “How came you not to cry out?” 41
- Chapter 3. Implicatures in Early Modern English courtroom records 65
- Chapter 4. Literal interpretation and political expediency 81
-
Part 2. Pragmatics of legal writing and documents
- Chapter 5. Making legal language clear to legal laypersons 101
- Chapter 6. Interpreting or in legal texts 117
-
Part 3. Discourse in the courtroom and in police investigation
- Chapter 7. The nature of power and control in the interrogative patterns of selected Nigerian courtroom discourse 133
- Chapter 8. The language of Egyptian interrogations 157
- Chapter 9. Achieving influence through negotiation 181
- Chapter 10. “I really don’t know because I’m stupid” 203
-
Part 4. Legal discourse and multilingualism
- Chapter 11. On the balance between invariance and context-dependence 231
- Chapter 12. Contextuality of interpretation in non-monolingual jurisdictions 257
- Legal pragmatics - subject index proposal 277
