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05 December 2013

The Rule of Language: one reason why law in Russia is incoherent

Read the first sentence in the last paragraph and see if you can tell me what it means.
(Beginning: "The methodological aspect...")
This was written by Professor Zorkin, the most highly placed judge in Russia, Chairman of the Constitutional Court.
Is it any wonder that law in Russia is meaningless, if the most senior judge cannot write in a way
which the ordinarily intelligent reader can understand?

Then read the page below, from the late Lord Denning, once one of England's most distinguished judges.
This is the beginning of the first chapter of his book entitled "The Discipline of Law".
I especially draw your attention to the second paragraph, beginning "The reason why words are so important..." and ending with the sentence which exactly describes Professor Zorkin's problem:
"Obscurity in thought inevitably leads to obscurity in language."

1 comment:

  1. I totally agree that clarity of language is linked to clarity of thought.
    Although the justification of this by Lord Denning is not very convincing.
    May be Lord Denning thought exclusively in words. Other people, at least some of us, also think in symbols, numbers, shapes and images.