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4 Persp. Bus. L.J. 1 (2015)

handle is hein.journals/perbularna4 and id is 1 raw text is: CONSIDERATIONS REGARDING THE EFFECTS OF LEGAL COMMUNICATION Lecturer Claudiu Ramon D. BUTCULESCU Abstract This article addresses some aspects of legal communication or legal effects of communication. As such, legal communication can have positive and negative effects. Both effects are briefly analyzed, and for the negative effects of legal communication we have also presented proposals to reduce the negative effects of law communication. Thus, the article presents the positive effects of right communication in various branches of law such as civil, constitutional law or tax law. On the other hand, the negative effects of communication leading to the deterioration of the legal message, so that much of the legal message becomes legal noise. Another negative effect of miscommunication of law is the phenomenon of legislative inflation, which has a profound impact on the way in which legal rules are understood and respected by community members. All these negative effects produce serious consequences in civil law, company law, tax law, and in many other areas of law. Keyxwrds: legal communication, legal noise, legal pollution, legislative inflation JEL Classification: K10 1. Introduction This article addresses the study of the legal communication effects, approached from the General Theory of law perspective. Analysis of the law as a communication tool has been addressed in specialized literature by renowned law scholars such as Jurgen Habermas2, Niklas Luhmann3 or Mark van Hoecke4. However, the legal communication structure and its effects have not been addressed in detail Legal communication may have both positive and negative effects. The paper presents positive effects in matters of constitutional law, tax law, and other branches of law. However, law communication can have negative effects also, which should be examined carefully to mitigate. Also, seeing that within the national legal system, as well as in international law and European law, there are permanent legal changes5, it is very important to positively identify and analyze as detailed as possible the effects of legal communication. 2. The positive effects of legal communication The structural matrix of legal communication can adapt and apply to the models proposed by communication theory. Of particular importance in the analysis of legal communication is it's effects on society. Thus, we can differentiate between actual effects, present effects and desirable effects. In other words, it is necessary to analyze the causes that determine poor legal communication, if any, and how this communication's effects can be mitigated. Moreover, given the relationship between subjective approach and objective approach to law, we consider that the effects can be represented differently, according to the legal orientation applied to communication models. Also, legal communication may be analyzed with regard to the branches of law. The effects of law communication must also be classified in real effects and perceived effects of law communication, given that not always the communication addressees perceive the whole legal message. This should be taken into account in the material communication of law, meaning the communication of social needs by the community towards state entities, in which case the latter don't always fully or correctly 1 Claudiu Ramon D. Butculescu - Spiru Haret University, Bucharest, ,,Acad. Andrei Rddulescu Legal Research Institute, Romanian Academy, butculescu@yahoo.com. 2 Jurpen Habermas, Communication and the Evolution of Society, trans. Thomas McCarthy, Beacon Press, Boston, 1979, p.58 3 Niklas Luhmann, Theory of Society, trans. Rhodes Barrett, vol. 1, Stanford, CA, Stanford University Press, 2012, p. 116 4 Mark van Hoecke, Law as communication, Hart Publishing, Oxford and Portland, Oregon, 2002, p.7 5 Alexandru Florin Mdgureanu, Sursele principiilor generale ale dreptului, ,,Jmpactul transformirilor socio-economice si tehnologice la nivel national, european si mondial, no. 5/2015, vol. 5, Bucharest, 2015, p. 154

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