Statutory interpretation: How legal reasoning and linguistics interact

VNU Journal of Science: Legal Studies, Vol. 37, No. 4 (2021) 60-67  
Original Article  
Statutory Interpretation:  
How Legal Reasoning and Linguistics Interact  
Nguyen Thai Son*  
Faculty of Legal Languages, Ho Chi Minh City University of Law,  
2 Nguyen Tat Thanh St., Dist. 4, Ho Chi Minh City, Vietnam  
Received 29 September 2021  
Revised 21 October 2021; Accepted 6 November 2021  
Abstract: The relationship between law and language has been widely discussed as early as in 1963  
when Mellinkoff published the well-known book ‘The Language of the Law’ in the US. The  
linguistic analysis presented in this paper is an attempt to study legal interpretation from an  
interdisciplinary perspective. In particular, it is intended to demonstrate actual disputes (mostly US  
cases) that require interpreting statutes as how legal reasoning and linguistics interact. Starting with  
a brief account of linguistic indeterminacy and different forms of indeterminacy in legal contexts,  
the author will then focus on various approaches provided by legal scholars and linguists when it  
comes to uncertainty in construing law. Finally, a Polish case study will be presented to exemplify  
how linguistic analysis, along with legal argumentation, can practically contribute to the  
effectiveness of legal drafting and interpretation.  
Keywords: Legal construction, statutory interpretation, law-linguistics interaction, legal language,  
legal reasoning.  
1. Introduction *  
law is a law of words’. This assertion is based on  
the fact that regardless of varied sources of law  
in the Anglo-American legal system, all  
currently exist in the form of words and  
documents through the process of codification.  
Working with language that constitutes the law,  
therefore, has become an intensive focus for  
legal professionals whose job inevitably  
involves dealing with an array of normative  
“The law is a profession of words” - the  
opening statement made by Mellinkoff [1] in his  
very first book “The Language of the Law” - has  
so far inspired legal scholars and linguists alike  
to turn their attention to legal language.  
Likewise, Tiersma [2] confirms the inherent  
connection between language and law since ‘our  
_______  
* Corresponding author.  
E-mail address: [email protected]  
60  
N. T. Son / VNU Journal of Science: Legal Studies, Vol. 37, No. 4 (2021) 60-67  
61  
documents ranging from statutes to judicial  
opinions. Also, it is essentially through language  
that an attorney can discuss legal matters, advise  
their clients, or argue in court. In many cases, the  
evidence presented to the judge exists in  
language forms such as recordings, notes,  
contracts, wills, deeds, etc. Law and language  
are so closely intertwined that ‘few professions  
are as dependent upon language’ [2].  
however, are expected to settle disputes over  
imprecise meaning by construing law with  
argumentation [5]. In such regards, this paper  
aims to discuss statutory interpretation in actual  
disputes (mostly US cases) as to how legal  
reasoning and linguistics interact. It begins with  
a brief account of linguistic indeterminacy and  
different forms of indeterminacy in legal  
contexts. This will be followed by a discussion  
on different approaches provided by legal  
scholars and linguists when it comes to  
uncertainty or indeterminacy in legal  
construction. Finally, a Polish case study will be  
presented to exemplify how linguistic analysis,  
along with legal arguments, can contribute to the  
effectiveness of legal drafting and interpretation.  
However, it is also the fact that human  
language is characterized by indeterminacy or  
uncertainty [3,4]. Although one tends to assume  
that what they want to say/ write can be said/  
written so clearly and precisely, our actual  
language use is inherently indeterminate.  
Discussing the indeterminate nature of language,  
Cao [3] points out that linguistic indeterminacy  
is associated with ambiguity, vagueness,  
generality and other such features as pervasive  
parts of language. This linguistic nature stems  
from the fact that ‘the universe and human  
behavior are inherently uncertain and  
indeterminate, law included.’ Specifically, this  
author gives as examples several words and  
phrases in legal English that she finds ‘vague and  
elusive’ such as fair and reasonable, due process  
of law, etc. as well as abstract legal expressions  
such as justice, due diligence and reasonable  
endeavors. Poscher [4], in agreement, notes that  
much of the work at high courts is concerned  
with disputes created by uncertainty in legal  
language:  
2. Indeterminacy in Legal Language  
Although the highest degree of precision is  
expected in legal drafting as a specialized genre,  
there is imprecision or uncertainty inherent in  
language used in law as characterized by the  
indeterminate nature of language in general.  
According to Poscher [4], a statute can suffer  
from disputes over meaning due to ambiguity  
and vagueness as two specific phenomena of  
indeterminacy.  
2.1. Ambiguity  
Basically, a sentence is ambiguous when it  
can be interpreted with different possible  
meanings [6]. The word bank exemplifies lexical  
ambiguity as this homonym can mean both ‘river  
bank’ and ‘commercial bank’. There is a large  
portion of homonymous words as such in the  
English lexicon, and they denote distinct  
meanings that can usually be disambiguated by  
the context. As in the case of bank, a situation  
related to money or payment, by common sense,  
will turn our interpretation to ‘commercial bank’  
rather than ‘river bank’. Lexical ambiguity, thus,  
hardly poses threats to the effectiveness of  
everyday communication as well as legal  
interpretation.  
Significant portions of the institutional legal  
system, especially courts at the appellate level  
and supreme courts, are for the most part  
concerned not with disentangling the facts of  
cases but with the indeterminacies of the law.  
Such highly developed institutional structures  
would not be needed if the law contained only  
clear-cut rules establishing precise legal duties  
and rights for each case.  
Given that law requires clear, precise  
meaning to ensure justice and fair application,  
the indeterminate nature of language implies a  
marked contrast with the nature of law. In  
everyday communication, we can overcome  
obstacles arising from linguistic uncertainty  
through pragmatic strategies. The legal systems,  
N. T. Son / VNU Journal of Science: Legal Studies, Vol. 37, No. 4 (2021) 60-67  
62  
More complicated and relevant to legal  
borderline cases because we do not know  
whether we should apply the expression vehicles  
or withhold it. We might have all kinds of  
knowledge about kid bicycles or tricycles,  
scooters, skateboards, lawnmowers, or  
ambulances. Still, these are borderline cases  
since it is indeterminate whether they should  
be considered “vehicles” within the scope of  
this rule.  
Poscher [4] notes that different from  
ambiguity which speakers can resolve through  
context, the uncertainty of meaning in vagueness  
is independent of speakers’ competence. Given  
the difference between ambiguity and  
vagueness, both forms of indeterminacy can be  
found in a single expression. A good example is  
when a will provides that money will be donated  
to “charitable institutions and organizations”  
[10]. On the one hand, vagueness is relevant  
because questions about borderline cases can  
arise as to precisely which entities falls into the  
extension of ‘institutions’ or ‘organizations, and  
what activities should be considered ‘charitable’.  
This expression, on the other hand, is  
syntactically ambiguous because it is not certain  
as to whether the ‘charitable’ requirement  
applies to the adjacent noun only or both that  
follow it.  
issues is ambiguity that occurs at syntactic level  
(amphiboly). Consider, for example, the  
sentence ‘the parents of the bride and groom  
were waiting outside’. One can understand that  
there were up to four people mentioned,  
consisting of the bride’s parents and the groom’s  
parents. Another possible reading indicates only  
three people (the bride’s parents and the groom)  
are involved. It is syntactically ambiguous as to  
whether the object of preposition in this sentence  
involves ‘the bride’ only or extends to ‘groom’  
as well. The courts, in reality, have to settle  
more disputes concerning syntactic ambiguity  
[7,4]. Take the case of California v. Brown as an  
example. Giving instruction to the jury, the judge  
read: “You must not be swayed by mere  
sentiment, conjecture, sympathy, passion,  
prejudice, public opinion or public feeling.”  
Multiple meanings are created in this sentence  
concerning the scope of ‘mere’ since it is  
uncertain if this adjective modifies only the  
adjacent noun or all the subsequent ones. Given  
that the precise meaning of jury instruction in  
this case is essential in ensuring the defendant’s  
right to enlist mercy, the Supreme Court had to  
decide if this sentence is ambiguous, and thus,  
affecting the jury’s understanding.  
Taken together, the indeterminate nature of  
language is generally associated with ambiguity  
and vagueness. In that sense, the language used  
in legal settings is not an exception. While  
ambiguity arising from homonyms is rarely a  
problem in law, the legal systems more  
frequently encounter disputes involving  
syntactic ambiguity. Also, a vague expression  
can require legal interpretation as to whether a  
particular case or entity fits within that (legally  
stated) concept.  
2.2. Vagueness  
As for vagueness, this form of indeterminacy  
is more concerned with borderline cases. As  
Grice [8] notes, a borderline case occurs when  
‘one just does not know whether to apply the  
expression or withhold it, and one’s not knowing  
is not due to ignorance of the facts.’ A widely  
discussed example concerning vagueness is a  
hypothetical legal rule: ‘No vehicles in the park’  
[9]. Obviously, this rule bars vehicles from the  
park, so you cannot drive cars or motorcycles in.  
However, does this rule apply to kid bicycles or  
tricycles, scooters, and skateboards as well?  
Given that this park forbids vehicles, does it  
constitute a violation if someone drives a  
lawnmower or health workers to enter by an  
ambulance to assist an injured person in the  
park? Questions as such are concerned with  
3. Views and Approaches to Legal Interpretation  
Given that linguistic indeterminacy in law is  
inevitable, there have been undoubtedly a large  
number of disputes over meaning that the legal  
systems have to settle. In fact, Justice Scalia of  
America noted thirty years ago: “…every issue  
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63  
of law I resolve as federal judge involves  
interpretation of text – the text of regulation, or  
of a statute, or of the Constitution” [11]. At this  
point, it is relevant to examine what methods or  
approaches have been mainly discussed in the  
history of statutory interpretation.  
concept of ‘vehicles’ on the basis of the purpose  
and general schemes of the rules. Concerning  
how to interpret the expression ‘no later than X  
months from the date Y’, Araszkiewicz [5] even  
proposes a reasoning model that fixedly  
incorporates legislative intent as teleological  
argumentation.  
3.1. Interpretive Theories  
Textualism/ originalism, however, is more  
concerned with the ‘plain meaning’ of the  
statutory texts [12]. Textualists, like Justice  
Although the literature on interpretive  
theories identifies three separate approaches  
[12], the discussion usually focuses on two  
opposing sides: intentionalism/purposivism and  
textualism/originalism [13]. As the terms  
suggest, interpreters who support the  
intentionalist/ purposivist view take into  
consideration the legal process in which the  
legislature was enacted. The job of interpretation  
as deciding what the law means, therefore,  
should be based on the original intent of the  
drafters or legislators, the legislative history, as  
well as what problems the statute was aimed to  
address [14]. A well-known case concerning  
statutory meaning in this regard is Church of the  
Holy Trinity v. United States, decided in 1892 by  
the Supreme Court. The Church had hired an  
English pastor, which could have constituted a  
violation of a federal law that banned paid  
transportation of a person into the U.S. to  
perform ‘labor or service of any kind’. At the  
heart of the issue is the question as to whether  
the expression ‘labor or service of any kind’ in  
the statute applied to a religious rector. In a  
unanimous decision, among other things, the  
Court argued in favor of legislative history,  
stating that the law was enacted to prevent  
enormous migration of manual workers into the  
country rather than a distinguished member of  
clergy. In other words, legislative purpose/intent  
was used to bolster the Court’s arguments in this  
case. In multilingual jurisdiction, purposive  
interpretation was also applied as in the EU case  
Scalia,  
argued  
against  
intentionalism/  
purposivism, claiming that what binds us is the  
language of the statute that has been enacted, not  
the intent of the lawgivers. Also, legislative  
intent is such an elusive concept that we cannot  
ascribe a single intent to a body of hundreds of  
legislators. Imposing inferences and hypotheses  
about what the legislators must have been  
thinking at the time of enactment, the judges will  
be likely to introduce their own values into the  
judging process [13]. Instead, those engaged in  
textualism ground their analysis on the ordinary  
meaning rule to achieve a ‘fact-based and  
objective’ interpretation [15]. Accordingly,  
when the statute does not define a term or  
expression, its ordinary meaning should come  
into play. As an example of textualism/  
originalism, consider Smith v. United States,  
another widely discussed case that the Supreme  
Court decided in 1993. Under a statute that  
makes it a crime to use or carry a firearm ‘during  
or in relation to…drug trafficking crime’, Smith  
was prosecuted as he was caught trading his gun  
for cocaine. The task of interpretation in this case  
was to decide whether the act of trading a gun for  
the drugs falls within the ordinary meaning of  
‘use a firearm’. Disagreements occurred among  
the justices, the majority of whom adduced  
dictionary definitions, determining that what  
Smith did constitutes a violation since we can  
‘use’ something as tools of barter. The  
dissenters, represented by Justice Scalia, argued  
that ‘In search for statutory meaning, we give  
nontechnical words and phrases their ordinary  
meaning…To use an instrumentality ordinarily  
means to use it for its intended purpose’ [13].  
Thus, speaking of using a gun is most likely to  
mean that the gun was used as a weapon, not  
Fonden  
Marselisborg  
Lystbadehavn  
v.  
Skattenministeriet [10]. Despite the fact that the  
case concerns a Danish company and that the  
Danish version of the Directive defined  
‘vehicles’ as ‘land-based transport on wheels’,  
the court decided that ‘boats’ falls within the  
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merely as a thing of value for exchange like  
money. As Solan [15] notes, this case, in fact  
illustrates the dilemma of ordinary meaning rule.  
On the one hand, meaning is ordinary when it fits  
the dictionary definitions and speakers’  
intuitions in a particular context. To the dissent,  
on the other hand, a word means ordinarily if that  
sense pops up first in the speakers’ mind,  
something closer to prototypical or prevalent  
meaning. Textualism/ originalism, all in all,  
places a strong emphasis on the plain meaning of  
the texts under interpretation.  
unambiguous, and the Supreme Court got it right  
by rejecting this defence. What is worth noting  
is that this decision was not unanimously  
reached, with up to four justices incorrectly  
finding the language of the statute ambiguous.  
The ability to identify ambiguity is part of our  
linguistic knowledge, but as this case shows, the  
syntax is difficult for non-linguists, even the  
brilliant Supreme Court justices. Examining  
several cases in which judges failed to make  
linguistically correct decisions, Solan [7]  
suggests the necessity of linguists as expert  
witnesses when it comes to issues decided on  
linguistic grounds.  
3.2. Linguistic Approaches to Legal Interpretation  
From a linguistic perspective, Durant and  
Leung [10] present legal interpretation as a  
specialized approach that follows strategies in  
everyday conversation, noticing both linguistic  
and contextual cues like speaker intention.  
Accordingly, those engaged in construing law  
must take into account not only the linguistic  
meaning of the texts but also legal considerations  
such as the purpose of the law. Such linguistic  
approach, in other words, requires analysis from  
a coordination of textualist as well as purposivist  
views. Reference to purpose in legal  
interpretation is linguistically justified on the  
ground that word meaning should be positioned  
in a particular context, including the discourse  
cues such as the title of the legislative act and the  
surrounding words, as well as the relevant  
situation or background knowledge in the same  
way we interpret utterances in everyday  
conversation or casual reading.  
As for vagueness in law, the task of deciding  
on borderline cases is actually concerned with  
the scope of word meaning [10]. Interpretive  
issues as to whether X (a reported fact) falls  
within Y (a legally stated concept) are,  
linguistically speaking, about the sense relation  
of hyponymy: Is X a member of a superordinate  
Y class? Modern semantic theories such as Katz  
and Fodor’s [16] system of semantic features  
indicate that ‘a kid tricycle’, while having  
wheels, lacks an engine as the essential attribute  
of the category ‘vehicles’, explaining why its  
meaning can be uncertain in a relevant legal  
setting. Based on goodness-of-examplar  
In many cases, problems of legal  
indeterminacy can be resolved effectively  
through linguistic analysis. Linguists such as  
Solan [7] and Kaplan [13] claim that certain legal  
issues presented to the appeal courts are of  
linguistic nature. A good example is the 1984  
case United States v. Yermian, in which the  
Supreme Court, in a 5-to-4 decision, debated  
over the scope of adverbs. Yermian, a defense  
contractor employee in California, lied in his  
security clearance form by hiding his past  
conviction for mail fraud. As his false statements  
were discovered, he was charged under the  
statute that reads: ‘Whoever, in any matter  
within the jurisdiction of any agency of the  
United States knowingly and willfully…makes  
any false statements…shall be fined…or  
imprisoned’ (Section 1001 of the federal  
Criminal Code). In his defence, Yermian  
admitted that he did knowingly make false  
statements, but he had no idea that the form  
would be sent to the Defense Department. In  
other words, he just thought he was making false  
statements to his employer, not within the  
jurisdiction of a federal agency. At the heart of  
his defence is a linguistic question as to whether  
the adverbs ‘knowingly’ and ‘willfully’ modify  
the prepositional phrase ‘in any matter within the  
jurisdiction of any agency of the United States’.  
If they do, and this statutory provision is  
syntactically ambiguous, the court should apply  
the rule of lenity, construing law in favour of the  
defendant. However, this structure is  
N. T. Son / VNU Journal of Science: Legal Studies, Vol. 37, No. 4 (2021) 60-67  
65  
characteristics, Rosch’s [17] theory of  
prototypes suggests that while both ‘use a gun  
for its intended purpose’ and ‘use a gun as tools  
for barter’ fall within the concept of ‘use a  
firearm’, the former meaning is prototypical or  
of core exemplar and the latter is less  
representative of the category. These semantic  
models of category, in fact, come into play in  
interpretive analysis. Still, how do judges decide  
which meaning is ordinary as how the word is  
most likely understood? Besides individual  
intuition and dictionary definitions, Tobia [11]  
identifies the pattern of word usage as one of the  
most popular sources of evidence. In that sense,  
corpus linguistics has been widely discussed as  
an empirical tool for identifying the “original  
public meaning” [15].  
legal system (Civil law tradition), will be  
selected for detailed analysis in the current part.  
This case was settled by the Polish Supreme  
Administrative Court (PSAC) in 2006, with  
regard to an indeterminate provision from the  
Inheritance and Donation Tax Act of July 28,  
1983 (the Act). Although the general rule is that  
people who gain property and monetary rights  
from inheritance and donation must pay tax,  
there are many exemptions one of which is  
concerned with housing. Among several  
conditions that must be fulfilled for this tax  
relief, it is important that the taxpayer does not  
dispose of (sell or donate) the inherited property  
for the period of five years from the date it is  
acquired. The purpose of this condition is to  
promote the use of the estate as the residence for  
younger generations for at least the prescribed  
amount of time. Therefore, if the property is  
transferred to a third party in less than five years  
from the date of acquisition, it is subject to  
taxation since the exemption is no longer  
applied. Still, taxpayers can be exempted from  
this five-year requirement under the following  
provision:  
The disposal of acquired property does not  
lead to the termination of the exemption if it is  
justified by the necessity of a change in living  
conditions and if the acquisition of another  
building, the acquisition of permission for  
building, or the acquisition of a premises takes  
place no later than 6 months from the date of  
disposal [5].  
Put simply, this exception to the five-year  
rule requires two conditions that must be jointly  
met. Although the first condition can cause  
indeterminacy due to the vague term ‘necessity’,  
the application of this provision encounters  
disputes over the meaning of the second  
condition. Blaming the expression ‘no later  
than’, Araszkiewicz [5] identifies two possible  
readings that are incompatible:  
Taken  
together,  
to  
tackle  
legal  
indeterminacy, the legal systems have engaged  
in textualism/ originalism and intentionalism/  
purposivism as two opposing approaches,  
concerning whether the focus should be placed  
on the plain meaning of texts or the legislative  
intent. Legal interpretation, on the other hand, is  
closely related to the theories of language,  
specifically on syntax and semantics.  
Linguistically speaking, while textualists  
emphasize the examination of linguistic cues,  
purposive interpretation pays more attention to  
word meaning in the larger context of legislative  
history. As a linguistic method, corpus  
linguistics has also been useful as a reference  
tool for finding ordinary meaning through actual  
usage data. What follows is an interpretive case  
that practically illustrates how legal arguments  
and linguistics can be brought into play to cope  
with ambiguity.  
4. Case Study  
Although most of the cases discussed so far  
represent interpretive problems in the American  
Common law system, it is not intended to state  
that the interface between legal interpretation  
and linguistics is little relevant to other legal  
traditions. For this reason, a case study under  
Polish law, which is based on the continental  
i) [acquisition of new property no later than  
6
months  
after  
the  
date  
of  
disposal]ꢀ=ꢀ[acquisition 6 months after the date  
of disposal] OR [earlier acquisition].  
ii) [acquisition of new property no later than  
6
months  
after  
the  
date  
of  
N. T. Son / VNU Journal of Science: Legal Studies, Vol. 37, No. 4 (2021) 60-67  
66  
disposal]ꢀ=ꢀ[acquisition 6 months after the date  
of disposal] BUT NOT [earlier acquisition].  
It is clear from the rule that the owner of an  
inherited home can sell it and buy a new one  
without losing tax exemption in a period of six  
months. However, legal interpretation was  
required as to whether this condition allows  
(exempted) taxpayers to buy a new home before  
transferring the inherited property as well. It is  
worth noting that this provision created  
considerable disagreements among courts, with  
some supporting reading 1 and others arguing in  
favour of reading 2. When the case reached  
PSAC, the interpretive question was examined  
with reference to negative consequences or  
legislative intent. Based on the premise that  
statutory expressions should be interpreted in a  
way that avoids negative consequences, reading  
1 was rejected on the ground that this  
interpretation allows acquisition of new property  
even before the testator is deceased, which is  
irrelevant to tax exemption for the acquisition of  
property by inheritance. Since the two readings  
are contradictory, the rejection of reading 1  
results in the adoption of reading 2.  
By nature, indeterminacy in this case is  
created by syntactic ambiguity (as in previously  
discussed cases California v. Brown, United  
States v. Yermian). In reading 1, the  
prepositional phrase (PP) modifies the preceding  
noun phrase (NP) only, constituting the meaning  
that a new acquisition of housing can occur after  
the date of disposal or earlier. Reading 2,  
however, reflects that the whole clause (CL) is  
affected by the prepositional phrase, including  
‘the acquisition of another building, […]’ which  
can only happen after the date of disposal. As  
this case law shows, linguistic interpretation  
identifies two readings but cannot help decide  
which meaning should be accepted. Courts and  
legal scholars were all aware of the two  
contradictory readings, and it was through legal  
arguments (i.e purposivism in this case) with  
complicated long legal proceedings that the  
dispute could finally be resolved. Nonetheless,  
the linguistic analysis could have contributed in  
two aspects. Although we all have intuitions  
about language, a linguist who is more sensitive  
in identifying linguistic issues like syntactic  
ambiguity can be of great help when it comes to  
reviewing legislative drafts. Also, understanding  
the source of ambiguity, a linguist knows how to  
fix the indeterminate provision. In this case, the  
provision is no longer ambiguous if the  
prepositional phrase (the shaded part) is moved  
to the front, making the clause newly read as  
‘from the date of disposal, the acquistion of  
another building, […] takes place no later than  
six months’. By doing this, we can eliminate  
reading 1 in the texts since its structure blocks  
the prepositional phrase within the larger noun  
phrase. This is not the case for reading 2 as the  
prepositional phrase is free and can move to the  
front. Linguistic contribution in this case is, thus,  
to ensure the quality of legal drafting so that  
legal interpretation will be less a burden for the  
legal system.  
Although Araszkiewicz [5] attributes  
ambiguity to ‘no later than’, linguistically  
speaking, it is the scope of ‘from the date of  
disposal’ that matters in this case. Thus, the  
interpretive question is actually whether this  
prepositional phrase modifies the preceding  
noun phrase only or the whole clause that  
constitutes the second condition. The tree  
diagrams below show how the two readings are  
differently structured in terms of syntax:  
Reading 1  
Reading 2  
4. Conclusion  
The linguistic analysis presented in this  
paper demonstrates an interdisciplinary  
N. T. Son / VNU Journal of Science: Legal Studies, Vol. 37, No. 4 (2021) 60-67  
67  
[2] P. Tiersma, Legal Language, The University of  
Chicago Press, Chicago, 1999.  
[3] D. Cao, Translating Law, Multilingual Matters,  
2007.  
contribution to the study of statutory  
interpretation, a topic that traditionally falls  
within the fields of legal theories, jurisprudence  
and philosophy of law. Given that law and  
language are closely intertwined, indeterminacy  
in law is inherently derived from the  
indeterminate nature of language that constitutes  
the law. In such regards, both legal studies and  
linguistics can offer different methods and  
approaches to legal interpretation. While the  
legal systems have engaged in textualism/  
originalism and intentionalism/purposivism as  
two opposing views, depending on whether the  
focus should be placed on the plain meaning of  
texts or the legislative intent, construing law is  
also relevant to the linguistic theories of syntax  
and semantics. In search for ordinary meaning,  
the textualists or originalists have additionally  
found corpus linguistics useful as a reference  
tool through actual usage data. Practically, the  
Polish case study on interpreting an ambiguous  
provision has given insights into how legal  
argumentation and syntactic analysis can interact  
to offer a joint solution. All of this suggests that  
both legal reasoning and linguistics should be  
brought into play to cope with legal  
indeterminacy. As shown in the case study,  
whereas legal reasoning helps to select the  
preferred interpretation that suits the legislative  
intent and avoids negative consequences,  
linguistic analysis can detect the source of  
indeterminacy and guide statutory review as well  
as amendments.  
[4] R. Poscher, Ambiguity and vagueness in legal  
interpretation, in: P. Tiersma, L. Solan (Eds.), The  
Oxford Handbook of Language and Law, Oxford  
University Press, 2016, pp. 128-144.  
[5] M. Araszkiewicz, Argument structures in legal  
interpretation: balancing and thresholds, in: T.  
Bustamante, C. Dahlman (Eds.), Argument Types  
and Fallacies in Legal Argumentation. Law and  
Philosophy Library, vol 112, Cham: Springer  
International Publishing, 2015, pp. 129-150.  
[6] E. Finegan, Language its Structure and Use,  
seventh ed., Cengage Learning, 2015.  
[7] L. Solan, Does the legal system need experts in  
English syntax?, in: R. Rieber, W. Stewart (Eds),  
The Language Scientist as Expert in the Legal  
Setting – Issues in Forensic Linguistics, Annals of  
The New York Academy of Sciences 606 (1990)  
107-118.  
6632.1990.tb37739.x  
[8] P. Grice, Studies in the Way of Words, Havard  
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[9] H.L.A. Hart, The Concept of Law, second ed.,  
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[10] A. Durant, J. Leung, Language and Law – A  
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[11] K. Tobia, Testing ordinary meaning: an  
experimental assessment of what dictionary and  
linguistic usage data tell legal interpreters, 34  
Harv. L. Rev. 726, 2020.  
[12] W. Eskridge, P. Frickey, E. Garette, Legislation  
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[13] J. Kaplan, Linguistics and Law, Routledge, 2020.  
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Acknowledgments  
[15] L. Solan, Corpus linguistics as a method of legal  
interpretation: some progress, some questions,  
International Journal for the Semiotic of Law 33  
020-09707-8  
I gratefully thank Assoc. Prof. Dr. Tammy  
Gales (Hofstra University, USA) for her  
comments and encouragement during the time  
this manuscript was prepared as an independent  
research paper in her class. My gratitude also  
extends to the anonymous reviewers for their  
constructive recommendations that greatly  
contribute to the improvement of my work.  
[16] J. Katz, J. Fodor, The structure of a semantic  
theory,  
Language 39  
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170-210.  
[17] E. Rosch, Principles of categorization, in: E.  
Rosch, B. Lloyd (Eds.) Cognition and  
Categorization, Lawrence Erlbaum Associates,  
Hillsdale, 1978, pp.27-48.  
References  
[1] D. Mellinkoff, The Language of the Law.  
Resource Publications, 1963.  
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