The Role of Language in the Construction of Legal Norms:

A Comparative Study

Submitted by:
Udayan Anand Tayade
UID: UGJ23-41
Academic Year (2023-24)
First Year, Semester 1

Submitted to:
Dr. Shivender Rahul
( Assistant professor of English)

August 2023

MAHARASHTRA NATIONAL LAW UNIVERSITY, NAGPUR

TABLE OF CONTENTS:
1. INTRODUCTION
2. THE USE OF LANGUAGE IN LAW
2.1 CLARITY AND PRECISION
2.2 DEFINING RIGHTS AND OBLIGATIONS
2.3 PRESCRIPTION OF CONDUCT
2.4 INTERPRETATION
2.5 LEGAL DOCUMENTS
2.6 PRECISION IN LEGAL DRAFTING
2.7 TECHNICAL TERMINOLOGY
2.8 HISTORICAL PRECEDENT
2.9 LEGAL CERTAINTY
2.10 COMMUNICATION IN COURT
2.11 CULTURAL AND LINGUISTIC DIFFERENCES
3. LAW AND LEGAL INTERPRETATION
3.1 PLAIN MEANING
3.2 CONTEXT
3.3 LEGAL INTENT
3.4 PRECEDENT
3.5 AMBIGUITY
3.6 OBJECTIVES AND POLICIES
3.7. CONTEMPORARY INTERPRETATION
3.8 STRICT VS. LIBERAL INTERPRETATION
3.9 LITERAL VS. TELEOLOGICAL INTERPRETATION
3.10. JUDICIAL DISCRETION:
4. THE PRAGMATICS OF LEGAL LANGUAGE
5. CAN LAW BE MADE BY THE USE OF LANGUAGE?
6. CONCLUSION

Abstract:
Language must be used in every legal system in two unique ways in addition to the way that
politics normally depends on it. Laws must include a mechanism for the authoritative settlement
of disagreements over the implications of the wording employed by legislators when drafting
them. The majority of the time, political philosophers has little interest in issues pertaining to the
philosophy of language. On the other hand, legal-focused political philosophers believe that
language (and the philosophy of language) has a special significance.
A sound philosophical analysis of the use and meaning of language, and of institutionalized
resolution of linguistic disputes, could benefit legal philosophy. Linguistic stress-testing in legal
regulation and dispute resolution may benefit linguistic philosophy. The fact that there may be
disagreements about the definition and use of language, and that there may be good reasons for
resolving those disagreements it should serve as a reminder that our mission is much more than
that. On thinking about what people share through language acquisition

Keywords: Logical reasoning, types, principles, cognitive processes, applications

1. INTRODUCTION
In recent years, systematic attempts have been made to use linguistic knowledge from
philosophy to deal with jurisprudence issues. Jeremy Bentham was probably the first to
deliberately attempt it. To underpin his utilitarianism and legal theory, he developed a radical
empiricist theory of the meaning of words.
Bentham wanted to do away with what he considered to be an absurd fiction about the rights
and duties of nature. H. Moral obligations exist regardless of whether someone seeks to honour
them. Instead, he preferred to use "sensory" phenomena to explain the nature of law (Bentham
1782, 251-2, 283n.). He considered speech acts to be admirable empirical events and included
them as an important part of his legal theory.
Natural law theorists, the idea of which Bentham disliked, did not place great value on language.
They based their legitimacy on the law. From this point of view, the philosophy of language
does not play a special role in clarifying the origin of law. Philosophy of language cannot
explain the nature of reason. Instead, it describes the possibilities of conveying and creating
reasons through the use of language (so that natural law theorists have no precise explanation of
the legal implications of language use and the role of the courts in solving cases). Can have the
same motives as other people asking for (as well as disagreements about it).
Concurring to the HLA, the strategy is "for numerous legitimate scholars, a frame of disclosure
based on a concept that's tricky in hone and expresses it within the same unambiguously
experimental terms and cruel utilized in the scholarly world". Like” (Hart 2012, 84). This theory
espouses what Bentham considers the extreme (and so reasonable) "feeling" - torment and joy,
which utilitarianism sees as the establishment of the hypothesis of values and profound quality.
Its. This underpins both experimentation and Bentham's utilitarianism.
This understanding of language served as the foundation for an original description of law as the
manifestation of a sovereign's intent within a political society in his legal theory. Bentham put it
this way:
A law made or adopted by the ruler of a state about the expected behaviour of a particular person
or group of people under control or intended to be under control in the circumstances it can be
described as a collection of symbols that indicate decisions. 1 (Bentham, 1782)
He went on to say that for such a set of cues to express will, the sovereign must provide the
'motivation' of pain or pleasure. This theory connects the philosophy of law and the philosophy
of language through two aspects. It has both methodological and substantive features. In
defining the term "law", Bentham first describes the theory and then the law as a particular kind
of arrangement of symbols. According to Bentham, law is a set of signs, and the philosophy of
law is a kind of philosophy of language. Not only law, but also other concepts of legal
arguments must be linguistically defined by legal theorists.
 2. THE USE OF LANGUAGE IN LAW
Since language is the fundamental way of conveying legal concepts, rights, responsibilities, and
obligations, language plays a crucial role in law. Here are some essential characteristics of
language use in law:
2.1 Clarity and Precision:
We strive to be accurate and clear in our legal terms to avoid ambiguity and misunderstanding.
Legal documents such as contracts and articles of incorporation use certain expressions to
convey precise meaning.
2.2 Defining Rights and Obligations
Rights, obligations, and duties of individuals are defined by law. It provides a framework for
behaviour within society by outlining what is allowed, forbidden, or necessary.
2.3 Prescription of Conduct
Language is used in laws to specify proper conduct. Legal writings make it explicit what people,
companies, or governments are obligated to do by employing words like "shall" or "must."
2.4 Interpretation
Language can be interpreted in many different ways, necessitating the analysis and interpretation
of laws, rules, and contracts by courts and legal professionals. This can occasionally result in
arguments over the precise meaning of words or phrases.
2.5 Legal documents:
Statutes, laws, contracts, wills, court decisions, and other legal documents are examples that
rely heavily on language to define rights, obligations, and legal relationships.
2.6 Precision in Legal Drafting
Attorneys draft documents with great precision, ensuring that the words they choose properly
reflect the intended legal meaning.
2.7 Technical Terminology:
Legal discussions often use jargon with different legal meanings. Some terms may have more
subtle meanings than common usage.
2.8 Historical Precedents:
Historical precedent and long-standing legal traditions can have an impact on the usage of legal
language, which can result in the employment of archaic or traditional terminology in
contemporary legal documents.
2.9 Legal Certainty:
Certainty and predictability are goals of the language employed in legal texts. Knowing one's
legal rights and obligations is crucial for both individuals and corporations.
2.10 Communication in court
Lawyers use language to argue their cases, question witnesses in cross-examination, and interact
with jurors and judges during court hearings.
2.11 Cultural and Linguistic Differences:
Language variances and cultural quirks can affect how a law is interpreted, particularly in
circumstances involving multinational or multicultural contexts.
In conclusion, language has a crucial role in creating, understanding, and upholding legal
rules. It enhances the overall effectiveness and clarity of the legal system by enabling the exact
communication of legal concepts, rights, and obligations.
 3. LAW AND LEGAL INTERPRETATION
A community or governing body creates a set of rules and regulations known as laws to control
behaviour, maintain order, and provide a framework for resolving disputes. It consists of a set of
standards such as laws, regulations, judicial precedents and customs. Fairness, justice and
consistency are the main goals of the legal system.
Understanding and practicing the meaning of legal documents such as statutes, regulations,
contracts and statutes is the process of interpreting law. Legal terminology is complex and
subject to a variety of interpretations, so legal interpretation plays an important role in properly
understanding and applying the law.
Key points about legal interpretation include:
3.1 Plain Meaning:
Legal Interpreter often begins with "simple meaning" Words used in the text. Of it is to
understand the ordinary and dictionary meaning words in the statutory sense or document.
3.2 Context:
Where the legal text is important. Teeth legal interpreters consider it Peripheral Provisions,
Purpose law, legislative history, Overall framework of law system.
3.3 Legal intent:
Interpreters can try to understand the law The Intentions behind the Law, Try TC determine what
the legislative branch intends when they drafted and approved it decree.
3.4 Precedent:
Legal interpretation is possible Affected by previous dishes the following judgment (case law)
similar laws these decisions create Legal A precedent that guides the future interpretation.
3.5 Ambiguity:
When the legal text is ambiguous or multiple possible Meaning, Courts, Legal Professionals
using various techniques, Resolve ambiguities. Example: Considering Legislative History
Application of legal principles construction
3.6 Objectives and policies:
For clarity of interpretation, interpreters can refer to the objectives and policies of the law. This
includes assessing the goals the law seeks to achieve and interpreting the law in ways that further
those goals.
3.7. Contemporary Interpretation:
As cultural norms and values change over time, different interpretations may be necessary to
maintain the validity and impartiality of laws.
3.8 Strict vs. Liberal Interpretation: Judges can apply a strict interpretation that follows
the letter of the law or a more liberal interpretation that considers the broader meaning and
intent.
3.9 Literal vs. Teleological Interpretation
Literal interpretation focuses on how the law is literally written, as opposed to teleological
interpretation, which considers the general purpose or purpose of the law.
3.10. Judicial discretion:
In situations where the application of law is complex, courts often have the power to interpret
the law. This discretion may give rise to different interpretations in certain circumstances.
Legal interpretation is dynamic and nuanced process and various legal systems and
jurisdictions your approaches to it. It is an integral part of ensuring justice persistent, fair and
adaptable to changing conditions.
 4. THE PRAGMATICS OF LEGAL LANGUAGE
The pragmatics of legal language relates to how language use in legal texts is influenced by the
circumstances, intentions, and implications around it. Understanding how language is actually
utilized to transmit not only the words' exact meanings but also the speaker's intentions, inferred
meanings, and the social context in which communication occurs is the subject of pragmatics.
In the context of legal language, the pragmatics aspect involves several key considerations:
1. Implicit meanings derived from context are known as implicates, and they are frequently
used in legal language. For instance, a law may utilize certain language that subtly conveys a
certain degree of seriousness, urgency, or meaning.
2. Presupposition: Presuppositions, or the assumptions that are assumed in a statement,
provide a basis for legal language. When analysing the full implications of legal texts, these
presumptions are crucial.
3. Conversational maxims: Just like any other type of communication, legal language
frequently abides by the rules Paul Grice outlined for effective conversation. These maxims,
which govern how information is communicated and comprehended, comprise the maxims of
relevance, quantity, quality, and manner.
4. Ambiguity and Vagueness: Pragmatics can be used to deal with the ambiguity and
vagueness that can occur in legal language. Certain terminology may be purposefully employed
in ways that are wide or vague depending on the situation and goal of legislation, allowing for
flexibility in application.
5. Contextual Meaning: comprehending how context affects how terms are interpreted is
important for comprehending the pragmatics of legal language. Depending on the context, the
goal of the law, and the sociological or historical context, a word's meaning may change.
6. Conversational Implicate: Legal language may rely on this technique, in which
interpretations are made in accordance with the assumption that the speaker (or legislator)
abided by conversational norms.
7. Understanding prescriptive language in legal writings requires an understanding of
pragmatics. Imperatives like as "shall" or "must," denote obligations, but the pragmatic context
aids in identifying the precise needs.
8. Legal Intent and Objective Pragmatism necessitates taking into account the motivations
that led to the creation of the legislation. In order to understand why certain decisions were made
when crafting the law, it is necessary to look beyond the precise phrase.
9. Cultural and Societal Norms: Part of comprehending legal language pragmatics is
recognizing how cultural and societal norms affect how laws are interpreted and applied.
10. Language Adjustment: Pragmatics acknowledges that the use of the legal system may
change over time in order to accommodate shifting societal demands and expectations. This
evolution can influence how legal concepts are understood and applied.
In conclusion, the pragmatics of legal language acknowledges that comprehension of legal
documents extends beyond words' literal meanings. To get at a thorough interpretation that is in
line with the objectives of the legal system and society expectations, it entails taking the context,
intents, and implications of the language into account.
 5. CAN LAW BE MADE BY THE USE OF LANGUAGE?
Yes, language is mostly used to create legislation. A society's primary means of establishing,
disseminating, and codifying legal norms, rules, and regulations is language. Here is how
language is used to create law:
1. There are numerous legal processes. Creating laws and systems are legislative bodies like
the parliament. The legislative procedure is on-going, lawmaker Create legislation using
terminology intended for new law proposals or amendments to existing legislation. The language
there was the proposed laws, regulations, and rules are described in the bill.
2. Once Law: Law Interpretation His language provides Basis for Interpretation when staged.
Legal professionals and dinnerware are examined this statement comprehends the meaning and
goal of the law. Utilize the guidelines Legal interpretation is used to make sure the law is
correctly understood.
3. Control and regulation Law: frequently a governmental body Make more specific
guidelines how ought the law to be applied? These regulations are written using the specified
policies, procedures, etc. in specific language. Laws requiring compliance.
4. Contracts and Agreements: Legal Issues Agreements, contracts, and any other kind of law
made by language. The parties' the language of your choice is GENERAL TERMS OF USE,
RIGHTS, ETC .Obligation. These agreements are valid and enforceable in court.
5. Jurisprudential principles Judges draft legislation and apply jurisprudential principles to
their interpretation. They write insightful opinions and judgments in order to create legal
principles, provide future interpretation direction, and to clarify their thoughts.
6. The development of common law the legal system, the law, and the regulations all have the
potential to change throughout time. Creation of precedents. The expansion of jurisprudence is
aided by the interpretation of judgments and the communication of decisions in language.
7. Legal Documents: Language is used in creation of legal documents such as wills, deeds,
patents, and licenses to describe property rights, ownership, and legal entitlements.
8. Constitutional Law: The foundational legal text outlining the structure, rights, and
government of a nation is its constitution. The language employed in the constitution is crucial
for laying the groundwork for the country's fundamental values and legal system.
9. Legal Scholarship: Through scholarly writings, legal academics, practitioners, and
scholars help to shape legal concepts and tenets. They utilize language to interpret, question, and
suggest modifications to pre-existing legal notions.
In essence, language serves as the principal medium for disseminating, codifying, and
comprehending legal concepts, rules, and norms. It is the essential tool for enabling the
formulation, interpretation, and application of laws in a community.

6. CONCLUSION