The language of canon law / Judith Hahn.

Format:

Book

Author/Creator:

Hahn, Judith, 1970- author.

Series:

Oxford studies in language and law.

Oxford studies in language and law

Language:

English

Subjects (All):

Canon law--Language.

Canon law.

Law--Language.

Law.

Physical Description:

1 online resource (241 pages)

Place of Publication:

New York, New York : Oxford University Press, [2023]

Summary:

In this book, Judith Hahn explores the legal order of the Roman Catholic Church to better understand how the Roman Catholic Church communicates as a legal institution. She argues that the language of canon law reveals the political ideology of the church hierarchy, and she takes up the tools of language and law scholarship to examine and challenge that language. Hahn examines the grammar and terminology of canon law, and how canon law language makes use of linguistic tricks and techniques to create its typical sound and discusses the comprehension difficulties that arise out of ambiguities in the law, out of transfer problems between legal and common language, and out of canon law's confusing mix of legal, doctrinal, and moral norms.

Contents:

Cover

Series

The Language of Canon Law

Copyright

Contents

Preface and Acknowledgments

1. Introduction

1.1 The Language of the Church and of Its Law

The Gospel, Message, and Mission

Law in Service of the Gospel Message

1.2 Canon Law on Language

In Service of the Gospel Mission

Ecclesiastical Language Crimes

Solicitation and Threat

Lying under Oath

The Sacramental Seal

Defaming Speech

Language in Penal Law

1.3 Part of the Law and Language Debate

Linguistics and Legal Studies

Learning from Legal Practice

Theology and Canon Law Studies

Scope of My Study

2. The Function of Language in Law

2.1 Purposes of the Law

Creating Social Cohesion

Influencing Behavior

Exchanging Information

Concealed Purposes

2.2 Law as Communication

Sending Legal Messages

Receiving Legal Meaning

Making Legal Meaning

Communal Meaning

The Media of the Law

The Silence of the Law

2.3 The Sacramentality of the Law

The Language of Magic

Ritual Speech

Law as a Matter of Belief

Legal Speech Acts

Classes of Illocutions

Legal Illocutions

Status Function Declarations

Deontic Powers

Sacramental Speech

Ex Opere Operato

True Communication

3. Idiosyncrasies of Legal Language

3.1 The Grammar of the Law

Gender Issues

Passive Constructions

Challenging Syntax

Expressing Commands

3.2 The Terminology of the Law

Common Terms as Legal Terms

"Lending" and "Loaning"

"Possession" and "Property"

Changing Meaning

Technical Terminology

3.3 Legal Terms, Foreign Words

Borrowed Terms

Canon Law Latin

Language Training

Canon Law Jargon

Neologisms

3.4 Indeterminate Terms

"Grave Necessity"

"Just Cause"

4. Comprehension Difficulties

4.1 Ambiguity of the Law

Lexical Ambiguity.

"Fideles" as Legal Subjects

Syntactic Ambiguity

4.2 Transfer Problems

"Annulment" Terminology

Substance and Accidents

A Grin without a Cat

4.3 Blending Literary Genres

Theological Trimmings

A Custom Commercial

5. Challenging Legal Incomprehension

5.1 Exclusivism and Elitism

Language Weapons

Linguistic Distinction

Preventing Legal Heresy

5.2 Endorsing Plain Language

Avoiding Useless Precision

Simple Structure and Style

Modernizing Legal Speech

5.3 Plain Canon Law?

Simplifying Constructions

Replacing Outdated Terms

Challenging Law Latin

Intelligibility over Distinction

Comprehension over Tradition

Supporting Equal Comprehension

6. A Global Law and Its Language

6.1 Linguistic Relativity

Perceiving Reality via Language

Relativity of Legal Concepts

Cultural Conflicts in Global Law

6.2 Strong and Weak Language Theories

Language and Cultural Borders

Reconstructing Meaning

6.3 Legislation for Multi-​Language Groups

Legal and Linguistic Colonialism

Structures of Dominance

Multi-​Language Approaches

Creating Multi-​Language Law

Drafting in Foreign Languages

Multi-​Language Canon Law

Literalistic and Free Translations

Intermediate Approaches

Achieving Legal Equivalence

7. Interpreting the Law

7.1 Plain and Proper Meaning

No Meaning without Context

Challenging "Plain" Meaning

Open Texture of the Law

7.2 A Matter of Interpretation

(Re)constructing Meaning

Purposeful Interpretation

Textualist Approaches

Intentionalist Interpretations

Relevance of the Author

The Death of the Author

Canons of Construction

Blending Interpretation Rules

Borders of Interpretation

Multi-​Language Interpretations

7.3 Competent Interpreters

Binding Interpretations

Authentic Interpretations.

Interpretive Legal Development

Controlling Meaning

A Neoconservative Agenda

8. The Language of Legal Action

8.1 Hearings and Testimonies

Complex Dialogues

Fair Questioning

The Right to Silence

Privileges in Evidence Law

Witness Competence Rules

Oral Hearings, Written Acts

8.2 Adjudication Language

Existential Decisiveness

Oral Debate, Written Verdict

Unassailable Speech

The Language of Verdicts

9. Conclusion

Bibliography

Index.

Notes:

Description based on print version record.

Includes bibliographical references and index.

Other Format:

Print version: Hahn, Judith The Language of Canon Law

ISBN:

0-19-767427-5

0-19-767425-9

0-19-767426-7