HS, Tisnanta and James, Reinaldo Rumpia Limitations of Law and Language: A Study of Legal Metaphors. In: Asian Symposium on Legal Pluralism "Limits of Law, Limits of Legality: Contemporary Legal, Social, and Cultural Issues in Asia", March 29-30, 2018, Faculty of Law University of Indonesia. (In Press)

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Abstract

Language in the form of text plays a role in maintaining of meaning, in order to be in harmony with the value and purpose of the law. The text within its role is dealing with the diverse reality through interpretation. This condition is influenced by changes in text into autonomous entities which is no longer possessed by creators. The variety of language references has also been an influential aspect of the sequence of possible meanings. When the diverse reality can be in harmony with the value and purpose of the law through interpretation, it can enrich the repertoire of legal development. But behind the diversity, it should be noted the problem of law and language limitations. In the dialectics of law and language, problems of ambiguity and vagueness of meaning often arise and become a crucial factor of interpretation. This limitation, if it can not be predicted through the structure and understanding space of language, then the purpose and value of the law can be reduced or even cause social damage. Efforts to overcome the limitations can be done with the strategy of positioning the legal metaphor as an object of study. Legal metaphors are conceptual representations, instruments of purpose achievement, or role as a new meaning of a condition or entity. For example negara hukum, hutan adat, perangkat daerah, and various other metaphors that create new meaning in society. This paper uses a socio-legal approach with the hermeneutic method. The results of the assessment found that understanding the legal metaphor, will be able to unravel the issue of reference variations that affect the construction and interpretation of the law. On the other hand, attention to legal metaphors is also to find the gap of meaning that arises in relations of text and discourse.

Item Type: Conference or Workshop Item (Paper)
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum (FH) > Prodi Ilmu Hukum
Depositing User: HIERONYMUS
Date Deposited: 26 Jun 2018 08:08
Last Modified: 26 Jun 2018 08:08
URI: http://repository.lppm.unila.ac.id/id/eprint/7882

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