Ambiguity in Linguistic, Jurisprudential, and Legal Texts

Abstract

This study examines the phenomenon of ambiguity in linguistic, jurisprudential, and legal texts, focusing on its definition, causes, types, and methods of resolution. The study aims to assess the impact of ambiguity on the interpretation of legal and jurisprudential texts and the extent to which judges and legal specialists can address it to ensure justice and accurate comprehension of legal provisions. The research adopts an analytical approach, examining legal and jurisprudential texts through linguistic and jurisprudential principles of interpretation. It further explores judicial rulings and scholarly opinions that address ambiguity, highlighting the tools and mechanisms used to resolve it, such as linguistic and contextual clues, judicial interpretation, and supplementary sources like jurisprudence, natural law principles, and rules of justice. The study finds that ambiguity in legal texts may result from imprecise wording or legislative gaps and can be categorized into different levels based on whether it can be resolved. Moreover, it concludes that when interpretation fails to clarify a text, judges resort to natural law principles and rules of justice as a final recourse to adjudicate disputes. This research underscores the significance of clarity in legal and jurisprudential texts to uphold justice. It recommends adopting precise legislative drafting standards and relying on judicial and jurisprudential interpretations to resolve ambiguous texts, thereby minimizing legal uncertainties and enhancing the efficiency and accuracy of the legal system.