The Hidden Acts of Definition in Law: Statutory Definitions and Burden of Persuasion

Abstract

The concept of “definition” Definition refers both to a propositional structure, namely a type of convertible relation between the definiens and the definiendum, and a speech act that can have various definition Definition al purposes. On the one hand, definition Definition s can have different subject matter. For instance, it is possible to define a concept (essential definition Definition s), the meaning of its linguistic expression (etymological definition Definition ), its possible extension (definition Definition by enumeration), an illustration of its possible denotations (definition Definition by example), or the operation that can be used to classify the entities falling under it (operational definition Definition ). On the other hand, definition Definition s are the propositional content of acts aimed at producing specific effects. Definition Definition s can impose a new meaning, or remind or inform the interlocutors of criteria of classification. However, from an argumentative perspective the acts of stipulating, reminding or informing of, or committing to a definition Definition are not as dangerous as the implicit acts of omitting a definition Definition and implicitly defining and redefining a concept. Sometimes crucial concepts, especially the ones concerning problematic ethical or political issues, are ill described or are left (intentionally or unintentionally) undefined. This gap can become the ground of extremely effective strategies Strategies based on tacit (re)definition Definition s. These uses of definition Definition can shed light on the definition Definition al activity of the lawmakers. Statutory definition Definition s become in this sense a limitation of the interpreters’ freedom of redefining strategically a concept. For this reason, the choice of leaving a concept undefined or underdefined can be regarded as a delegation of powers to the bodies in charge of interpreting the statutes.