Definitions in law across legal cultures and jurisdictions

Abstract

Legal definitions organize legal texts; they create new legal concepts and clarify general language words for maximum precision. As such, they are subject to rigid drafting constraints. A comparative analysis of definitions (in common law, continental law, and that of the European Union) reveals various semantic, stylistic, text, or discursive conventions which mirror the differences between legal systems and legal cultures. The analysis integrates tools and selected methodologies from linguistics, legal theory, legal logic, logical semiotics, and comparative law. The point of reference will be the Anglo-Saxon, EU, and Polish legislative drafting guidelines. Model definitions are presented. A focus on the formulation of definitions across legal systems and cultures can contribute to the systematization of knowledge on definitions in law.