Law, Language and the Social Construction of Legal Reality

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Abstract

Law is usually theorized and conceptualized as an abstract normative system or as a social
institution. Rarely, is it considered and theorised from the individual perspective as psychological
phenomenon. Taking this latter approach is critical as neither of the two former theories has any
reality apart from the individual’s cognition. Further, exploring law as cognitive phenomenon
provides new and important insights. From a cognitive perspective, law is a linguistic
phenomenon. I argue that like other languages, law creates its own social reality, its own world.
And further, that this understanding is critical for understanding the necessary work for educating
lawyers as well as sustaining legal institutions more generally.
Original languageEnglish
Pages (from-to)1-11
Number of pages11
JournalInternational Journal of Law, Language & Discourse
Publication statusPublished - Dec 2023

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