Abstract

AGUDELO GIRALDO, Oscar Alexis. The Paradox of Linguistic Rationality: Clear Legal Language from a Variation of the Mathematical Theory of Communication. Novum Jus [online]. 2023, vol.17, n.3, pp.302-328.  Epub Mar 15, 2024. ISSN 1692-6013.  https://doi.org/10.14718/novumjus.2023.17.3.11.

The article intends to show that one of the stakes of clear legal language - the disuse of legal technolect -causes, as a problem, a legislative and linguistic irrationality in legal systems. For this purpose, making a correlation of concepts and extrapolating the mathematical model of communication theory, it develops four thematic axes: i) The possibility of making calculations of consequences from the language of legal provisions; ii) The way in which the specialization of legal language outlines the pragmatic dimension of the semiotic process; iii) The model of legislative rationality developed by Manuel Atienza; iv) The analysis of linguistic legislative rationality from a variation of the mathematical theory of communication. The results of the research allow us to generate a new problem, based on the right to understand, for legal systems: the paradox of linguistic rationality.

Keywords : rationality; legal language; right to understand; legal technolect; communication theory; legislation.

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