Zwischen Monismus und Pluralismus der juristischen Fachsprache

Abstract

The main thesis of the article concerns the pluralism of expert legal language. Such an assumption contradicts the tradition of development of legal dogmatics, which, especially in its conservative approach, assumes monism of legal language. New trends in social sciences introduce post-positivist approaches that suggest a multiplicity of research perspectives. This multiplicity is also translated into modifications of the conceptual grid. The Eurocentric vision of law is one of many parallel narratives, and the reception of European models has nowadays an increasingly conscious and functionally justified character. The various narratives which condition the understanding of law in many contexts related to who interprets a given norm. This is not strictly related only to the legal family itself, or to the particular system of law in which the interpreted norm is anchored. It is rather about pluralism connected with diversity of perception resulting directly from conditions connected with the researcher-interpreter himself. It may be an expert in law connected with an academic centre, or a judge, whose education, cultural environment he comes from, mother tongue he speaks, or specific professional experience influence his understanding of the world and his understanding of law. In this case, there is a multiplicity of narratives and a plurality of legal language.