Considerations regarding law as an instrument of communication

Author:Claudiu Ramon Butculescu
Position:Acad. Andrei Radulescu' Legal Research Institute of Romanian Academy
Pages:22-29
SUMMARY

This paper tackles the possibility of envisioning law as an instrument of communication, using systemic and informational models. The effects of legal communication have a profound influence on the evolution of the system of law and also on national legal cultures. The means through which law is communicated, as well as the analysis of the information that is transmitted, along with the legal... (see full summary)

 
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Considerations regarding law as an instrument of communication
Associate researcher Claudiu Ramon BUTCULESCU, Ph.D.1
Abstract
This paper tackles the possibility of envisioning law as an instrument of
communication, using systemic and informational models. The effects of legal
communication have a profound influence on the evolution of the system of law and also on
national legal cultures. The means through which law is communicated, as well as the
analysis of the information that is transmitted, along with the legal noise generated by the
poor understanding of legal norms, are briefly discussed in the paper. In this direction,
legal linguistics are analyzed, especially the phrasing of legal norms, with regard to syntax,
morphology, phonetics and semantics, as well as their influence on the Romanian legal
system. Beside legal linguistics, the analysis of legal semiotics within the communication of
law is also discussed, as the system of law is considered an abstract and analytical
normative system, which uses texts and codes. Careful analysis of legal communication,
using the concepts of legal linguistics and legal semiotics could help alleviate the effects of
the faulty communication of law and enhance the understanding of legal norms by the
general public.
Keywords: communication, law, legal linguistics, legal semiotics.
JEL Classification: K10
1. Introduction
Communication represents a process of transmitting information, such as
thoughts or messages whose usual forms of communication are signs and
sounds2. Legal communication involves the transmission of information that has a
legal significance. Such a process of communication may take place in two circuits,
namely the communication of information from the society, based on the material
sources of law and a reverse process, communication of legal information, from the
system of law to the society. In this regard, we appreciate that the system of law
may be analyzed as a communication tool. Within information theory, there have
been proposed and analyzed several models of communication, of which the
constructivist model seems to have a concrete application of the system of law. In
this regard, the constructivist model of communication appears as a variant of the
transactional model, in which between the emitter and the receiver there are
mutual communication streams, with the difference that the constructivist model of
information places great emphasis on the significance of the message, as well as its
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1 Claudiu Ramon Butculescu – "Acad. Andrei Rădulescu" Legal Research Institute of Romanian
Academy, butculescu@yahoo.com
2 The Colombia Encyclopedia, 6th ed. (Colombia University Press, 2014), s.v. "Communication,"
https://www.questia.com/read/ 1E1-communicatn.

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