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Towards Transparency in Law (And in the Meanwhile, More Meditation)

Acta Legis Turkuensia 1/2011 s. 5–19
22.11.2011
Opiskelijakirjoitus

How can one know what is right or wrong in a society where multiple parties engage in translating and interpreting their conflicting needs into the language of law? In this paper the writer discusses the inherently changing nature of meanings attributed to textual objects in the field of law. Further, he argues that interpretation in itself cannot constitute the justification for legal reasoning but instead only a means for finding arguments. Finally, he proposes a practical consequence entailed by the problems of attributing legal meaning. This practical consequence is increased reliance on mediation and conciliation. These procedures avoid many of the pitfalls of traditional legal argumentation by relegating that legal argumentation into the role of a means for setting the boundaries of dispute resolution instead of its substance. These procedures also provide dispute resolution a new layer of argumentation that is more sensitive to the situation at hand than traditional law.

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