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1 JLL 1 (2012)

handle is hein.journals/jlangaw1 and id is 1 raw text is: 



)LL1 (2012): 1-2


Introducing Language & Law


Larry Solan
Dieter Stein
Peter Tiersma





WELCOME

to the journal of the International Language and Law Society (www.illa.org).
    All manner of all scientific discourse is couched in language. This holds for language in
the domain of law with a vengeance: all concepts in law are linguistically constituted and
expressed. All legally relevant meanings and contexts are transported through the vehicle of
language. They are thus created through and in language, and cannot therefore be
independent of language, just as the law cannot be independent of society, which is where
language resides. While the laws of nature would be valid even if nobody would ever have
verbalized them, the laws of society only come about via communication. The laws of society
do not exist before they are debated and negotiated. The meaning-and the change of
meaning-of concepts in law, as well as the interpretation of terms is to a large extent some
kind of linguistic analysis, with attendant and persistent problems including issues of
vagueness, ambiguity, precision and plainness.
    Apart from this inherent fundamental affinity between language and law, there are
numerous ways in which the legal process at various stages involves language in
negotiations or contestations, such as court proceedings or police interviews, for which
linguistic analysis has developed well-established concepts of description and explanation.
These concepts can be taken up to elucidate the legal process and help analyze and teach
successful procedure.
     Language, languages, and dialects are themselves often the issue in many legal
procedures around the world, apart from the language-related issues of access to justice. In
addition, there are many ways in which law, language and society are inextricably
interrelated. Law-makers and judges should be supplied with a body of scientific knowledge
to draw upon in making their decisions.
     It is therefore appropriate that an international society should advance and focus
research on the interdependence of language and law in all of its facets, from theoretical
approaches to the resolution of practical issues.
    With the world moving together ever closer in trade, law and communication, it is
appropriate that the study of language in law comprise all points of interface between these
disciplines. As these issues appear in law generally and are not restricted to a particular


DOI: 10.14762/j11.2012.001

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