October 11, 2011

Latin in the Law

Teodor Sambrian has published Interpreting Law from the Roman Concept Interpretation to Modern Interpreting, Through the Adages of Juridical Latin in volume 5 of the Romanian Review of Private Law (2011). Here is the abstract.

The work is divided into six sections. In the preliminaries, we precise the sense of certain terms and we enumerate the most frequently used Latin adages that Romanian authors do mention while interpreting law. In the second and third sections, we do discuss the main causes which brought as necessary the development of interpreting law as an institution. The interpreting forms employed in Roman law are evoked. We do approach the methods used for interpreting law (in the fourth section) and we propose the substitution of the designation as "grammatical interpreting" by the designation: "linguistical interpreting", understood as an aggregate of procedures used for analysis – in etymology, semantics and grammar – in order to elucidate the sense of a normative or juridical act. The fifth section, the most extended one, is dedicated to the Roman principles and rules applied in order to interpret law, and to the way through which they were transferred, through juridical Latin, into Romanian law. This process involves as well legislation by itself and the great juridical tomes of doctrine. In the sixth section, where conclusions are drawn, we do launch the proposal of elaborating a dictionary of juridical Latin, which ought to be more panoramic than the dictionaries of this kind published in Romania until now, and which should contain, inter alia, all the Latin words, phrases, adages and quoted passages which should be relevant, as they are actually used by Romanian works in private and public law.
The full text is not available from SSRN.

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