About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline



10 Theory & Prac. Legis. 1 (2022)

handle is hein.journals/thorceleg10 and id is 1 raw text is: THE THEORY AND PRACTICE OF LEGISLATION                      Routledne
2022, VOL. 10, NO. 1, 1-4
https://doi.org/10.1080/20508840.2022.2033941              Taylor&Francis Group
INTRODUCTION                                                    CKr7
Talking law. Clarity, transparency and legitimacy in
rule-making
Corina Andone' and Candida Leoneb
'Amsterdam Centre for Language and Communication, University of Amsterdam,
Amsterdam, the Netherlands; bAmsterdam Centre for Transformative Private Law, University
of Amsterdam, Amsterdam, the Netherlands
The Theory and Practice of Legislation has been publishing research aimed at
making a contribution to understanding, interpreting and assessing the
quality of legislation. Many special issues have been dedicated to the exam-
ination of legislation, both at national and international levels. To this day
good quality legislation has remained most relevant, against a background
of multi-level governance, persistent crises in which legislation is enacted
at a faster pace than ever before, and common accusations of a larger gap
between citizenry and governments. It is against this background that we
propose to the readers a special issue focusing on the clarity, transparency
and legitimacy in rule-making with a special attention to legal language.
Good quality legal language is a precondition for obtaining compliance
from addressees and increasing comprehensibility by citizens. Understand-
ing what is required and what can be expected of legal language in
different rule-making contexts is, in turn, a fraught terrain which requires
both empirical and normative awareness. Yet the legal language of national
and international legislation and regulation, alongside court rulings, remains
an under-appreciated commodity, which is more often than not abused or
even completely ignored, rather than problematised and improved. From a
scholarly perspective, understanding legal language with an eye to connect-
ing (normative and linguistic) clarity with substantive transparency (towards
embodied users) and their relevance to legitimacy can generate important
knowledge about the functioning of legal institutions. From a practical per-
spective, legal language is the litmus test for legislators and regulators in
order to convince their addressees of the acceptability of their proposals.
This special issue highlights two main messages emerging through a set of
diverse contributions: first, legal language is a multi-faceted problem includ-
ing matters of argumentation and persuasion, comprehensibility, ethics,
transparency, and accountability; second, all these dimensions can only be
CONTACT Corina Andone  C.Andone@uva.nl
@ 2022 Informa UK Limited, trading as Taylor & Francis Group