Redundancy by the Legislators and its Role in the Dialogue with the Interpreters
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Abstract
The essay analyzes both the use of redundant formulation of legal provisions (i.e. the use of words that are not strictly necessary) and the case of legal provisions that are altogether redundant (i.e. express a norm which can be derived from elsewhere). As in ordinary language,redundancy may perform useful functions, e.g. putting emphasis on a message or preventing the loss of information. The essay particularly focuses on a peculiar function of redundancy in normative language, that is to prevent interpretations that are non-literal and unwanted, yet not completely implausible in a given context.
Keywords
- Redundancy
- Statutory Interpretation
- Canons of Interpretation
- Legal Pragmatics
- Contextualism