Linguistic Characteristics of the Legal Rule

Abstract

Law consists of a set of general and abstract rules that regulate individual behavior in society. However, certain laws apply to specific segments of the population rather than to everyone. For example, private international law governs foreigners residing in a state; electoral law applies to citizens who have reached voting age; investment law applies to investors and related entities such as banks; and banking law specifically regulates banks and financial institutions. Despite differences in scope, these laws share a common formal structure, typically composed of articles and clauses, which are referred to in legal theory as legal rules.

A legal rule represents the most basic normative element of the law. Its language differs from that of other scientific texts, whether in psychology, sociology, the social sciences, or the natural sciences. This distinction lies in its generality, abstraction, and formalism. Legal rules aim to establish the supremacy of law over individuals - supremacy derived from the constitution, which is based on the will of the people. In addition, legal rules seek to protect rights and freedoms, impose obligations, and maintain public order. When public order is disrupted by individual actions, judicial authorities intervene to address the resulting harm. Accordingly, the legal rule distinguishes itself from other types of texts through specific linguistic characteristics, such as formality, generality, and abstraction. Why, then, does the quality of legal drafting depend on the effectiveness of these characteristics? This is the question we shall examine through analysis, inference, and description, drawing upon real-world practice.