Renewal of Laws

• Published in: Revista de llengua i dret Vol. 42; no. Dec; pp. 11 - 39
• Main Author: Calvo Ramos, Luciana
• Format: Journal Article
• Language: Catalan
• Published: 01-12-2004
• ISSN: 0212-5056

In this paper, we take on what seems to be a fairly topical problem: the renewal of laws. We are not considering the subject from a legal perspective (that is not our field); we believe that laws should & must be also considered as indirect political discourse, as processes of communication & social interaction, & as literary texts of the didactic & determinative genres. Even at the risk of appearing "opportunistic," we believe it is time to unburden laws of excess ballast dating from medieval scholasticism or Greek sophists, not to mention the heavy loads imposed by the influence of Montesquieu & Bentham, who considered laws as "amorous letters from a father to his children/subjects." We are of the opinion that an in-depth review of the linguistic & rhetorical codes of legal texts is necessary. At the same time, we believe it is indispensable to prepare a modern, adequate list of jurists & legal scholars with experience & expertise in the drafting of laws. To continue thinking that the legal scholars & jurists should be moralists or followers of literary & linguistic precepts like Montesquieu or Bentham seems to us to be totally out of date, even though some political & constitutional research centers may devote their efforts to reprinting these authors & scorn any opinion contrary to those of these authors. 16 References. Adapted from the source document