Problemes de la didàctica del llenguatge jurídic

Resum

The teaching of legal language poses a series of special problems, not only because of the specificity of legal language in comparison to other lexicons, but also because of the special norms that its use requires. One basic characteristic of legal language is that it revolves around precepts. Therefore, in legal reasoning we must identify when a precept is invoked, what interpretation is given it, and the justification for its applicability. But law is not an exact science and consequently, it is liable to be interpreted in different ways. A legal text may be interpreted in different manners, but if its interpretation is to have legal results, jurist must limit themselves to a series of elements to determine the sense of the precepts: grammatical or literal, logical, historical, and systematic. Likewise, the Civil Code incorporates a fifth element —the sociological factor— according to which «the social reality of the time in which the norms are to be applied» should be considered. This goes back to the necessary contact that should link legal training and the social sciences. It is possible that in a given case, the jurist might confront two or more contradictory precepts, or moreover, that there may exist no directly applicable precept. In the case of opposing precepts, the criteria of rank (the superior norm takes precedence over the inferior one), chronology (the later norm takes precedence over the earlier one), and specificity (the specific norm takes precedence over the general one) should be applied. In the case of lacunae (gaps in the legal text), the a simili argument, based on analogy (the application of a concrete precept to a concrete assumed fact not provided for in the earlier precept) shall be used.