Definitions in law across legal cultures and jurisdictions
Legal definitions organize legal texts; they create new legal concepts and clarify general language
words for maximum precision. As such, they are subject to rigid drafting constraints. A comparative analysis of
definitions (in common law, continental law, and that of the European Union) reveals various semantic, stylistic,
text, or discursive conventions which mirror the differences between legal systems and legal cultures. The analysis
integrates tools and selected methodologies from linguistics, legal theory, legal logic, logical semiotics, and
comparative law. The point of reference will be the Anglo-Saxon, EU, and Polish legislative drafting guidelines. Model
definitions are presented. A focus on the formulation of definitions across legal systems and cultures can contribute
to the systematization of knowledge on definitions in law.
Article outline
- 1.Introduction
- 2.Law terms in definitions
- 2.1Normativity of law terms
- 2.2Precision vs. indeterminacy
- 2.3Explicitness
- 2.4System-bound terms
- 2.5Hierarchy of terms
- 2.6Formality vs. plain language
- 3.Definitions in a normative text
- 3.1Types of definitions
- 3.2Construction vs. type of a legal text
- 3.3Construction vs. location of a legal definition
- 4.Law definitions
- 4.1Definitions in branches of law
- 4.2Definitions in systems of law
- 4.2.1Common law definitions vs. civil law definitions
- 4.2.2EU law definitions
- 5.Conclusions
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Notes
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References