Abstract

Transnational legal communication seeks to identify transnational legal regimes and attempts to establish channels and technics for comprehensible communication of the legal information to specified groups of recipients. It also strives to conclude about possible inconsistencies in law. The approach is based on the cooperation of scientists within the area of law and applied linguistics and the coordination of their efforts, in order to conduct research from various perspectives, share conclusions and develop more complete approaches as well as achieve and mutually use more multilateral research results. It strives to reconcile legal research and linguistics research despite of their very different paradigms. The paper aims to explain the nature of legal communication and to establish its general research questions and objectives. The study is going to find an answer to the question what methods are to be used to communicate law comprehensively to its recipients and to draw conclusions on the consistency of legal regimes to be communicated. It accentuates that the solidarity necessary to achieve the objective of comprehensible and consistent law goes beyond the particular interests of individual sciences and is the foundation of the existence of the transnational legal communication community, non-depending on the place of living and the scope of practical knowledge.

Highlights

  • 1.1 Problem StatementThe process of learning to respond to direct and indirect instructions begins already in early childhood

  • Legal communication has four objectives: (1) to identify a complex of transnational legal regimes, which refer to the respective subject matter—undertaken through the reconstruction of its constitutive legal concepts and through the identification of expression forms determining the linguistic scope of these concepts; (2) to provide information on law to a particular community of practice featuring the same characteristics in a way that facilitates the comprehension of legal standards (3) to examine and to measure the comprehension of legal information and drawing conclusions as for its improvement; (4) to translate the activities contributing to better understanding or an increase in the body of knowledge referring to the comprehensibility of law into practical proposals aiming at improving the comprehensibility and the consistency of law

  • The outcomes of the linguistic research will provide results that enable theoretical cognition in the area of linguistics, that is explaining the stated properties of the respective objects of cognition and relationships between these properties. The legal community it is not about the confrontation of particular interests, but about the union of various interests creating a new, common interest: comprehensibility and consistency of law. This is the common interest that is a factor binding the international legal communication community, composed of public and private domestic and international law entities involved in the creation and application of law and having the common goal of achieving certainty of law and gaining trust of its addressees

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Summary

Problem Statement

The process of learning to respond to direct and indirect instructions begins already in early childhood. The rule is that the law must be published, that is made publicly known, revealed or announced, in order to apply This is characteristic only for legal norms and is not equivalent in the process of creating other social norms. The individuals rarely read the original, unmodified legal acts they are provided with They often do not know where to look for them, and even if they find them, they often do not understand their content. In result of its fragmentation and transnationality, has become extremely abstract and depersonalised This is true for most of the process of providing and acquiring orientation in its content. It would reasonably be expected that the community of law has developed, through systematic reflection, a stable apparatus for effective legal communication. There is a need to take a deeper reflection on this issue in order to discover the nature of legal communication and grasp its normative and practical field

Research Questions
The WHAT‐Question
The WHOM‐Question
The HOW‐Question
The WHICH‐Question
Hypotheses
Delimitations
Limitations
Structure
Towards the Integration of Sciences
Paradigmatic Nature of Science
Pragmatism in Social Sciences
Summary
Ontological Roots of Legal Communication
The Flow of Messages About Legal Norms
See also
Inseparability of Knowledge and Word
Epistemological Assumptions and Stances
Transnationality of Legal Regimes
Open Texture
Experimental Logic
Consequences for the Inquiry Logics and Research Design
Conclusion
Literature
Full Text
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