Excursions into the Nature of Legal Language
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Excursions into the Nature of Legal Language
. r*»Volume 37 Issue 2Cleveland State Law ReviewArticle 51989Excursions into the Nature of Legal LanguageMary Jane MorrisonHamline UniversityFollow th Excursions into the Nature of Legal Language his and additional works at: https://engagedscholarship.csuohio.edu/clevstlrevÔ1 Part of the Legal History CommonsHow does access to this work benefit you? Let US know!Recommended CitationMary Jane Morrison, Excursions into the Nature of Legal Language. 37 Clev. st. L. Rev. 271 (1989) available at h Excursions into the Nature of Legal Language ttps://engagedscholarship.csuohio.edU/clevstlrev/vol37/iss2/5This Article is brought to you for free and open access by the Journals at EngagedScholarExcursions into the Nature of Legal Language
ship@CSU. It has been accepted for inclusion in Cleveland state Law Review by an authorized editor of EngagedScholarship@CSU. For more information, pl. r*»Volume 37 Issue 2Cleveland State Law ReviewArticle 51989Excursions into the Nature of Legal LanguageMary Jane MorrisonHamline UniversityFollow th Excursions into the Nature of Legal Language Law........................................274A.The Problem,: Anti-Reductionism and Reductionism.. .274B.The Due Process Limits for Anti-Reductionism.....276c. Speaking Carefully and Speaking Technically......287II.Three Views of Technical Language...................290A.Hart's Thesis............... Excursions into the Nature of Legal Language .....................290B.Caton's Vieu)....................................298c. Familiar Terms and Theoretical Terms.............303D. Critical RecapExcursions into the Nature of Legal Language
itulation and a Third View.........309III.The Language of the Law............................318A.Due Process Revisited............................318. r*»Volume 37 Issue 2Cleveland State Law ReviewArticle 51989Excursions into the Nature of Legal LanguageMary Jane MorrisonHamline UniversityFollow th Excursions into the Nature of Legal Language aw Professors... .334Holmes’s favorite topic of the language of the law* 1 has been moving from the back burner to the front burner during the last few years. There are arguments between interpretivists and non interpret! vists about how to treat the language of the Constitution2 and there are sympo Excursions into the Nature of Legal Language sia on “law and literature.”3 There also are nascent discussions of whether the language of the law is a technical language. One scholar has describedExcursions into the Nature of Legal Language
the law as being “a language activity,” saying what legal scholars have uniquely to contribute is “our special familiarity with the legal language.”4. r*»Volume 37 Issue 2Cleveland State Law ReviewArticle 51989Excursions into the Nature of Legal LanguageMary Jane MorrisonHamline UniversityFollow th Excursions into the Nature of Legal Language turning law to lawyers by claiming that law’ is a specialized language that only lawyers can speak.”5* Professor of Law, Hamline University. B.A., University of Florida 1965; A.M., University of Illinois 1971; J.D., College of William and Mary 1981; Ph.D., University of Illinois 1981.1 have been ind Excursions into the Nature of Legal Language ebted for many years to Fred Schauer for long hours of conversation about this topic and for his comments on an earlier draft of this article. All theExcursions into the Nature of Legal Language
mistakes, of course, are mine.1o.w. Holmes, The Path of the Law, in Collected Legal Papers 167(1920); see also The Theory of Legal Interpretation, in. r*»Volume 37 Issue 2Cleveland State Law ReviewArticle 51989Excursions into the Nature of Legal LanguageMary Jane MorrisonHamline UniversityFollow th Excursions into the Nature of Legal Language 29 UCLA L. Rev. 797, n.l (1982) (citing works of Ely, Brest, Grey, Linde, Monaghan, Perry, and Richards) (hereinafter Schauer, Essay]. See also Morris, Interpretive and Non-interpretive Constitutional Theory, 94 Ethics 501 (19S4).3See, e.g., Symposium: Law and Literature, 60 Tex. L. Rev. 373 (1982) Excursions into the Nature of Legal Language ; Symposium: Legal Scholarship: Its Nature and Purposes, 90 Yale L.J. 955 (1981); Symposium: Law and Literature, 32 Buffalo L. rev. 603 (1979).4Stone,Excursions into the Nature of Legal Language
From a Language Perspective, 90 Yale L.J. 1149 (1981).5Shapiro, On the Regrettable Decline of Law French: Or Shapiro Jettet Le Brickbat, 90 Yale L.J.. r*»Volume 37 Issue 2Cleveland State Law ReviewArticle 51989Excursions into the Nature of Legal LanguageMary Jane MorrisonHamline UniversityFollow th Excursions into the Nature of Legal Language hesis will encourage persons of less able minds than Professor Stone’s to conclude that legal language belongs only to those trained in the law and will return us to “the jurisprudence of concepts.” Id. at 1200. Excursions into the Nature of Legal Language . r*»Volume 37 Issue 2Cleveland State Law ReviewArticle 51989Excursions into the Nature of Legal LanguageMary Jane MorrisonHamline UniversityFollow thGọi ngay
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