ABSTRACT

This book explores the intricate and multi-dimensional conception of clarity and obscurity in the law. It presents and examines the most recent research and theories, giving practical guidance on how to avoid obscurity in legal drafting and its impact on legal interpretation. The book is aimed at a multidisciplinary audience and seeks to promote an interdisciplinary debate on clarity, law and language, calling for the moving of clarity beyond the study of plain language. The aims of the book are thus two fold. The first is to critically reach a nexus between the disciplines of law and language with respect to the debates on clarity in legal discourse. The second is to achieve an international perspective on the issue, drawing from a wide range of legal and political contexts.

chapter |6 pages

Introduction: the Chiaroscuro of Legal Language

BySophie Cacciaguidi-Fahy, Anne Wagner

part |2 pages

PART 1: CROSSROADS BETWEEN LAW AND LANGUAGE

chapter 1|16 pages

The Ambiguous Principle of the Clarity of Law

ByAlexandre Flückiger

chapter 2|14 pages

Objectivity and Subjectivity in Interpretation

ByJames Kessler QC

chapter 3|30 pages

Rules and Statements

ByLouis E. Wolcher

chapter 4|20 pages

Unravelling The Legislator’s Tapestry: Judicial Needlework on Encroachment Cases

ByAnne-Françoise Debruche

chapter 5|20 pages

Customising the Model Law on International Commercial Arbitration

ByMaurizio Gotti

chapter 6|18 pages

Is the Chinese Legal Language more Ambiguous and Vaguer?

ByDeborah Cao

part |2 pages

PART 2: AN INTERNATIONAL PERSPECTIVE

chapter 7|22 pages

Conceptual and Textual Structure in Legislative Texts

ByAndreas Lötscher

chapter 9|16 pages

The Swedish Approach to Clear Legislation and Clear Official Texts

ByBarbro Ehrenberg-Sundin