Излишъците в юридическите текстове: литературни остеофити в ставите на Закона?
The Surpluses in the Legal Texts: Literary Osteophytes into the Joints of the Law?
Subject(s): Social Sciences, Sociology, Health and medicine and law
Published by: Институт по философия и социология при БАН
Keywords: law; text; ambiguities; judge; lawyer; constitutive rhetoric
Summary/Abstract: The article examines the importance of the text not only in the process of the application of the law, but also in determining its essence. Legal texts are fraught with ambiguities and superfluous meanings, sometimes quite deliberately to allow the right to exercise its regulatory functions. This peculiarity was explicitly recognized in Decision No 15/06.11.2018 of the Constitutional Court of the Republic of Bulgaria regarding the concept of “obvious injustice” introduced by the Bulgarian legislator, which is a ground for admitting the cassation appeal of the decisions of the appellate courts. Despite its redundancy, the literary nature of the legal texts proves to be a possible ally of the law in establishing certain forms of rhetorical interaction between judges and lawyers.
- Issue Year: 52/2020
- Issue No: 1
- Page Range: 102-120
- Page Count: 19
- Language: Bulgarian