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학술논문언어와언어학2023.11 발행

법률 해석에 대한 언어학적 접근

A linguistic approach on legal interpretation

이해윤(한국외국어대학교)

102호, 57~76쪽

초록

This paper presents a linguistic methodology for interpreting unclear expressions in the law. In law, the legal interpretation is explained by the hermeneutic concepts such as a 'hermeneutic cycle' and 'prior understanding'. However, these approaches have been criticized for their lack of objectivity. In this paper, we assume that legal interpretation consists of two kinds of communication. In the first communication between laws and cases, we use an ontology to avoid criticism of the lack of objectivity. In the second communication between legislators and interpreters, we explain the interpretation process corresponding to the hermeneutic cycle within the framework of Relevance Theory. Consequently, we demonstrate how the meaning of vague ordinary expressions in law can be systematically expanded.

Abstract

This paper presents a linguistic methodology for interpreting unclear expressions in the law. In law, the legal interpretation is explained by the hermeneutic concepts such as a 'hermeneutic cycle' and 'prior understanding'. However, these approaches have been criticized for their lack of objectivity. In this paper, we assume that legal interpretation consists of two kinds of communication. In the first communication between laws and cases, we use an ontology to avoid criticism of the lack of objectivity. In the second communication between legislators and interpreters, we explain the interpretation process corresponding to the hermeneutic cycle within the framework of Relevance Theory. Consequently, we demonstrate how the meaning of vague ordinary expressions in law can be systematically expanded.

발행기관:
언어연구소
분류:
언어학

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