Езикова (не)определеност на правните предписания
Linguistic (In)Defi niteness of Legal Prescriptions

Summary/Abstract: The article raises the issue of the defi niteness and, respectively, the indefiniteness of legal prescriptions. Definiteness is a feature of law which contributes to its foreseeability. The subject matter of the study consists in the linguistic indefi niteness and, partly, its opposite – the overly defi niteness of legal prescriptions. A distinction is made between linguistic and functional indefi niteness. The indefi niteness is linguistic where it is due either to unclarity or to the use of terms of a rather abstract or ambiguous content. It is functional where there exist concurrent principles and contradictory methods of interpretation that the enforcement body must choose among. The factors on which the (in)defi niteness of legal prescriptions depends are pointed out. Numerous examples are given in the fi eld of civil and criminal law that illustrate the issue. A conclusion is drawn that it is necessary to seek a compromise and a balance between the generalization and the specifi cation of factual circumstances, and to enhance the definiteness of legal prescriptions, yet, this should not paralyze the effect of the rules.

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