Applied corpus linguistics and legal interpretation: A rapidly developing field of interdisciplinary scholarship

Abstract

This article offers an overview of developments in a newly emerging interdisciplinary research field: legal corpus linguistics. The field brings together corpus research and legal theory by applying corpus-analytic techniques and linguistic concepts to facilitate the interpretation of legal texts. Despite the field's short history, it has already contributed important new insights into the meaning of statutory texts and parts of the U.S. Constitution, insights that may have significant practical implications for the American legal system. Our article provides an overview of relevant developments in legal corpus linguistics, from early success stories to recent and ongoing collaborative work between corpus linguists and legal scholars. It aims to highlight the benefits and illustrate the potential of this type of interdisciplinary work by summarizing three recent case studies, each of which deals with an important topic in American constitutional law. The case studies focus in turn on the following parts of the U.S. Constitution: (1) Article III and the meaning of “cases,” (2) the Appointments Provision in Article II, Section 2 and the meaning of “such inferior officers,” and (3) the Impeachment Provision in Article II, Section 4 and the meaning of “misdemeanors.” All three case studies use corpus analysis to explore phraseological patterns in large collections of Founding Era texts to provide insights into the meanings of the selected words and phrases in context during the time the Constitution was drafted and ratified. The article discusses the practical relevance of results from these case studies and potential implications of this and related work in legal corpus linguistics for contemporary and future litigation.