초록 열기/닫기 버튼
This paper presents a linguistic methodology for interpreting unclear expressions in the law. In law, the legal interpretation is explained by the hermeneutic concepts such as a 'hermeneutic cycle' and 'prior understanding'. However, these approaches have been criticized for their lack of objectivity. In this paper, we assume that legal interpretation consists of two kinds of communication. In the first communication between laws and cases, we use an ontology to avoid criticism of the lack of objectivity. In the second communication between legislators and interpreters, we explain the interpretation process corresponding to the hermeneutic cycle within the framework of Relevance Theory. Consequently, we demonstrate how the meaning of vague ordinary expressions in law can be systematically expanded.
키워드열기/닫기 버튼
the principle of clarity, vagueness, hermeneutics, ontology, Relevance Theory
