Dissertation
Introduction
This doctoral thesis explores the nature of legal concepts and their impact on legal terminology. It focuses on the unique aspects of legal concepts that support the idea of a "Special Theory of Terminology," as suggested by Wüster et al., specifically for legal terms. The research draws on continental Code Law systems.
Legal concepts are represented in the rules defined by law. When judges apply these rules to real-world cases, they must adapt abstract principles to specific situations. A rigid, intensional definition of legal concepts would make it difficult to apply general rules to individual cases, hindering interpretation and the ability of law to adapt to new social and ethical norms. Additionally, the scope of a legal concept can change significantly through the use of analogy, where a rule is applied to cases not originally intended. Therefore, neither intensional nor extensional definitions fully describe legal concepts.
To find equivalents between concepts in different legal systems, we need to do more than compare definitions. We must analyze how these concepts function within their respective legal systems. Equivalence, here, does not mean identical definitions. Instead, comparative legal terminology should explain the role of each concept (and its term) within a rule and the overall legal system. Similar functions or comparable purposes within a specific part of the legal system are the keys to linking concepts from different legal systems.
in German, published as:
Sandrini, Peter (1996): Terminologiearbeit im Recht. Deskriptiver begriffsorientierter Ansatz vom Standpunkt des Übersetzers.
IITF-Series 8, Vienna: TermNet. ISBN No. 3-901010-15-7. Order from http://www.ergon-verlag.de; pdf full text