Producing Legal Space

SMEJKALOVÁ, Terezie. Producing Legal Space. In Argumentation 2015. 2015.

Basic information

Original name

Producing Legal Space

Authors

SMEJKALOVÁ, Terezie (203 Czech Republic, guarantor, belonging to the institution)

Edition

Argumentation 2015, 2015

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Other information

Language

English

Type of outcome

Prezentace na konferencích

Field of Study

50500 5.5 Law

Country of publisher

Czech Republic

Confidentiality degree

není předmětem státního či obchodního tajemství

References:

URL

RIV identification code

RIV/00216224:14220/15:00091355

Organization unit

Faculty of Law

Keywords in English

legal space; legal language; legal communication; discursive space

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Abstract

V originále

In the opinion of many legal thinkers, law is delimited by legal discourse – or, essentially, legal language. When we maintain that legal language and law are thus interconnected, any change in legal discourse results in a change in law. Similarly, the space of law is delimited by the space created by its discourse. Adopting this understanding of law means that law is practically as complex as any other social reality. Detailed charting of such discursively created space is nearly impossible and by definition remains incomplete. Therefore, it can be argued that introducing new (innovative, creative, non-traditional) arguments in a trial results in a change of its discursive space. This paper addresses such a change and tackles the issues behind the following questions: How far can the change go? Can a new argument that goes beyond what is a traditionally (or legally) acceptable argument bring about a change in the space of a trial? Is any interpretation that goes beyond the grammatical and logical methods of interpretation bending of the legal space (space of a trial)?