Les limites à la clarté rédactionnelle de la loi dans la “dialectique” entre ordres juridiques

• Main Author: Suany Mazzitelli
• Format: Article
• Language: English
• Published: LED - Edizioni Universitarie di Lettere Economia Diritto 2020-07-01
• Series: Lingue Culture Mediazioni
• Subjects: accessibility; clarity; language; law; legal systems.
• Online Access: https://www.ledonline.it/index.php/LCM-Journal/article/view/1859

If a state’s legal rules are to be recognised as clear, abroad and by its own citizens, then the sources of law must be identifiable and reliable, of the requisite quality, exhaustive, and up-to-date. In the course of their work building and updating legal corpora, legal publishers can encounter significant difficulties in understanding foreign domestic law. The accessibility of the law is the first potential pitfall. Another issue is the quality of available data, particularly in the event of uncertainty about the nature, quality or integrity of reproduced texts. The language of publication of legislative texts is a further source of difficulty, and there can be inconsistencies in the translations available (for instance, original legislation may not have been translated before the subsequent texts amending it are). Lastly, other difficulties regarding the clarity of the law may arise due to the specific features of each legal system and reciprocal influence between legal systems.