Philosophy of Law
ahmad khosravi; Hamed noruzi
Abstract
following by the government of the “principle of the rule of law” and definition of the rights, freedoms and duties of the people, it requires that in order to be aware of these rights and duties, the laws should be made available to the public through publication. but the mere publication ...
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following by the government of the “principle of the rule of law” and definition of the rights, freedoms and duties of the people, it requires that in order to be aware of these rights and duties, the laws should be made available to the public through publication. but the mere publication of the law is not enough to be aware of rights and duties. so it is also necessary that the content of the law must be understood by the people. The present study revolves around the central question of: Although the language of the law must be technical, how should it be formulated so that it can be understood by the people while accurately conveying the purpose of the legislature? The research approach is descriptive-analytical and library method was used to collect the research data. Upon examination, it became clear that the ambiguity factors in the law were divided into linguistic and non-linguistic ambiguity factors. Linguistic factors are the writing factors that are required in all texts, especially legal texts; non-linguistic factors include such as the multiplicity of legislative authorities, sporadic legislation, and so on. Finally, given the philosophy of law, which is the creation of rights and obligations for individuals in society, laws need to be expressed in a language that the general public can understand, although the use of standard language and simplification should not go so far as to Affect the accuracy of expression of laws and provide tools for legal abuses
