Interpretative Models of Legal Language

The interpretative process of legal language is an activity aimed at reconstructing the mental representation of meaning. According to juridical linguistics, correct understanding of legal language requires more than mere linguistic skills: it needs interpretative competence. Despite its intrinsically metalinguistic nature, the decoding of the legislator's will goes well beyond purely linguistic presuppositions. The paper illustrates the interpretative models of decoding the information conveyed by the juridical linguistic sign, as well as highlights their limits. G. Pino, A. Ross, and G. Carcaterra offer a variety of interpretative models intended for decoding the sender’s intention ( mens legis ). This paper synthesizes the literal and the deontic interpreting paradigms. The literal model, which focuses on the superficial data, relies on semantic methods, i.e., componential analysis. The deontic model uses formal techniques based on the deontic modality and on the systematic criteria of the legal system in general ( ratio legis ). Both the interpretative models have their limitations, which implies the need to remodel the interpretative activity and adopt an integrated model that will take into account the specific meaning of legal terms and the deontic logic.