What is the Meaning of Legal Language:Discussion with Zhang Chixiang and Lei Lei
The content of the meaning of legal language and its determination methods are crucial in judicial activities.The core propositions of different legal schools are related to their positions on the meaning of legal language.Previously,Zhang Chixiang and Lei Lei refuted the linguistic nihilism advocated by judicial pragmatism from the perspective of the meaning of legal language,and effectively argued for the semantic autonomy of language,stability and predictability at the interpretation level in the process of refutation.However,there are still some points in Zhang and Lei's paper that need to be supplemented and discussed,such as not clarifying the meaning theory they support and insufficient arguments for the contextual dependence of language.According to the philosophical theory of meaning,language does not have autonomous meaning out of context,but in general,the meaning of language can be determined in a specific context and will not affect the pursuit of stability and predictability by the rule of law.Only in more complex situations,such as when the legal text is vague and the meaning of legal words has not yet been fixed,there is uncertainty in the application of the law.At this time,legal interpretation methods can be used to determine the content of law.
万方数据
