Functions of Judicial Opinion Styles:Interpretations of the Constitutional Court in Taiwan
Date Issued
2010
Date
2010
Author(s)
Lee, Shao-Man
Abstract
This thesis has its perspective from the theoriy of Law and Literature. It explores whether or not a judicial opinion, as a body of text, can have the opinion function as it should, and how it performs. And this thesis has put its emphasis on interpretations made by the Constitutional Court in Taiwan.
This thesis has found that style has three functions theoretically. First, it forms connection between the written and the reader. Second, style develops the relationship of the author and the reader. Last, style creates meanings in society. All of them facilitate text to send messages to the reader, to communicate with the reader and to persuade the reader. However, social context (above all, academic context) has great influence on how style performs. In order to enhance the functions of text, the author should place reader in the first place when selecting appropriate style. Author should also carefully observe the social context, from which one can better understand the social meaning of certain text.
However, can the theory truly apply to judicial opinions? According to this thesis, style can help facilitate text to achieve its three functions as above. Style does not hinder judicial opinions from functioning. Far more than that, it can guide people to read and comprehend judicial opinions, to participate in the discussion of the opinions and it embodies people who take part in the discussion. This thesis observes the decisions made by Taiwanese courts. And it found out that the writing style focuses on authority-building, which makes people impossible to comprehend and think it over. Thus the functions of judicial opinion cannot carry out.
Moreover, this thesis combines the use of style with the interpretations made by the Constitutional Court in Taiwan. It observes the stylistic features of the interpretations, and discovers that the interpretations, too, have the problems of obscure usages, few paragraphs, insufficient lengths and narrowed rhetoric patterns. This kind of style has also limited the functions of the interpretations. The J.Y. Interpretations 666 is an evident instance of this.
Therefore, this thesis argues that Constitutional Court should bear the multiple functions and readers of their interpretations in mind, while selecting the appropriate
style. When the interpretations involve complicated regulatory structures, tangled interests, competing values, morals and cultures, the court should adopt the
communicative style. Communicative style helps to build a relationship based on trust with readers, and requires the court to make clear of all the aspects relating to the issue
for future discussions.
Subjects
styles of judicial opinion
rhetoric
functions of style
J.Y. Interpretations
communication
persuasion
Type
thesis
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