Comprehensibility in Law
Pravnik, Ljubljana 2025, Vol. 80 (142), Nos. 9-10
Avtor: BLAŽEVIČ, Živa
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Kategorija:
This article examines language as a tool of law and
highlights the importance of comprehensible legal provisions for democracy,
legal certainty, and individual autonomy. The question of how to make legal
provisions as comprehensible as possible for citizens has recurred throughout
history and remains current today, with many countries adopting legal reforms
and initiatives to promote plain language in legal texts. The article also
reviews findings from linguistics and cognitive psychology on comprehension and
comprehensibility, concluding that these concepts are inherently subjective and
depend heavily on the background, motivation, and cognitive abilities of the
recipient. However, closer analysis shows that the dual function of the
language of legal provisions gives these concepts a different character in the
legal context. Given the heterogeneity of legal audiences, the subjective
(relative) nature of comprehensibility and comprehension, and the technical
nature of legal provisions, simplification is often impossible without risking
distortion of the meaning of the norm. The author advocates a balanced
approach: improving surface features of texts where possible, integrating
legal/administrative content into education, training public officials to
communicate with laypeople, and using digital tools and artificial intelligence
to improve access and comprehension.
Key words: comprehensibility, comprehension,
legal language, specialized communication, language for special purposes.