فلسفة اللغة القانونية : بحث في طبيعة العلاقة بين شكل اللغة القانونية و محتواها

Abstract EN

This paper investigates the nature of legal language from the beginning of its formation as legislation regulating the life of individuals and groups to the way of interpreting and analyzing the texts written in this language.

We will reveal that the legislative legal language represents a collective speech act which the legal legislator contributes in forming and whose manifestations multiply not only in the legal legislations, but also in the voting process on laws and issuing judicial judgments.

It stands out as necessary to look into the legal language in its legislative and judiciary aspects to identify its characteristic features and this, in the researcher's opinion, helps us in knowing the nature of legislative and judiciary languages and their difference although they cooperate in forming the legal language.

We will also shed light on the process of interpreting and analyzing the legal text, that is, not on what the text apparently says but we need to invoke the inferences made of that text although it represents the unspeakable.

Therefore, we will show that implicature is one of the topics that have a major role in the process of interpreting and analyzing texts; and accordingly, it is not enough to consider what the text says, but we should go far as to consider what the text implies.