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Jazykové korpusy a možnosti jejich využití při interpretaci práva
Title in English | Language Corpora and the Possibilities of their Use in the Legal Interpretation |
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Authors | |
Year of publication | 2024 |
Type | Article in Periodical |
Magazine / Source | Právník |
MU Faculty or unit | |
Citation | |
Web | https://www.ilaw.cas.cz/casopisy-a-knihy/casopisy/casopis-pravnik/archiv/2024/2024-9.html?a=3883 |
Keywords | language corpus; legal language; ordinary meaning; legal interpretation; textualism |
Description | This paper introduces language corpora as linguistic tools and considers their potential use for law. The author focuses in particular on their role in the interpretation of law and analyses the current state of knowledge in this area. The first part of the paper presents the essence of linguistic corpora, discusses their functions and potential uses. The second part deals with the reconstruction of the ordinary meaning doctrine and explores how this doctrine can be linked to the use of language corpora. The third part considers the transferability of the conclusions of this doctrine and the use of language corpora to the Czech legal setting. It examines how these techniques relate to the linguistic method of interpreting law and demonstrates their importance, especially in order to exclude linguistic intuition and respect linguistic reality, by the example of the work of the case law of the highest courts with linguistic interpretation (textualism). This analysis is intended to contribute to a better understanding of the use of linguistic corpora and the application of the doctrine of ordinary meaning in the interpretation of law (especially in the use of linguistic interpretation). |
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