Designing Legal Language in Strengthening: The Degree of Legal Certainty

Abstract

This work is aimed at visualizing the importance of legal language in guaranteeing legal certainty that may minimize as well as eliminate the differences of interpretation among of legal drafters, legislators, other legal officers in order to create justice for all. In practice, those differences root at three core problems: (i) inability of legal drafters or legislators in formulating rules into appropriate legal language; (ii) the weaknesses of legal officers interpreting the legal language; and (iii) the lack of knowledge of society in understanding the legal language. For that reason, this work will elaborate and discuss the way to design, to formulate and to function the norms and mechanism of  legal language that can strengthen the degree of  legal certainty. In this context, it emphasizes the importance of several core elements that can guarantee the legal certainty that are characteristics and standard guidance in utilizing the legal language. In detail, those characteristics can seen at its clarity and its consistency. At the end, this work will show the standard and steps in designing and formulating and using the legal language that may strengthen the degree of legal certainty, which in turn to create justice for all.

Keywords: legal  language , legal certainty, the law, justice,  legal elements

DOI: 10.7176/JLPG/81-11