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Edited Legal Collections Data |
Book Title: Rethinking Law and Language
Editor(s): Broekman, M. Jan
Publisher: Edward Elgar Publishing
Section: Chapter 7
Section Title: What language, what law?
Number of pages: 26
Abstract/Description:
Critical questions arise: conventional words, anchors in grammar or syntax, such as the “I,” “You,” “Self,” or “Person,” were in legal language absorbed by solely two semi-pronouns: the legal subject and the legal object. Not only words but also pronouns and persons are “lost in law,” one could say. The question is repeated in the history of the legal person and in particular the old European concept of law’s persona ficta. The fictitious character is researched, the unity and unifying power of law’s language unveiled, and the major consideration concerning the power and importance of law’s eyes and ears brought to the fore. Those issues are fundamental for the law–language theme: what features constitute law and law’s influence on human existence?
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URL: http://www.austlii.edu.au/au/journals/ELECD/2019/1385.html