A corpus-based study of vague language in legislative texts: Strategic use of vague terms

Abstract

Legislative language is a sub-type of legal discourse that is less extensively explored than other subjects like contracts. It is contended that while all legal texts share some similarities, such as precision and inclusiveness, each variety may have its own peculiarities in linguistic features and illocutionary acts. This article investigates vague language, specifically in legislative texts, using a corpus-based approach, and explores the role that vague use plays in the discoursal functions of legislative language. The analysis shows that vague language is mainly used in relation to four semantic groups in legislative texts: 1) ‘quantity’ (e.g. a number of); 2) ‘time’ (e.g. from time to time); 3) ‘degree’ (e.g. appropriate); and 4) ‘category’ (e.g. such measures). The results also suggest that a strategic use of vague language can achieve several communicative purposes of legislative texts, for example, to extend applicability of legal terms, to provide flexibility in fulfilling obligations and exercising power, and to mitigate potential problems. This article concludes that vague use should be considered as one of the specialised communicative strategies for drafting legislative texts, and explicit instructions on such a strategy may help develop legislative draftsmen's communicative competence.