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法律与语言之间的交叉重叠关系掩盖了两者之间的差异。法律是隐藏于语言之下,具有强烈的思想性,语言是促使法律实现正义目的的工具。语言通过自身的类型化等方式对法律的思想性做出限定,但社会实践的发展会使法律产生“言外之意”。语言在表现法律的同时也成为法律的管制对象。除法典外,文艺作品也会涉及对法律的诠释,可能更具生命力。从社会学的视角上看,还有活的法。若要从容穿梭于法律和语言之间,就须重新审视司法者在法律活动中的主体地位,将其从法律流水线上的机械操作中解放出来。
The overlapping between law and language masks the difference between the two. Law is hidden under the language, with a strong ideological, language is to promote the law to achieve the purpose of justice tools. Language restricts the ideological nature of the law through its own typology, but the development of social practice will make the law produce “implied meaning.” Language in the performance of the law has also become the object of legal control. In addition to the code, literary and art works may also involve the interpretation of the law may be more vitality. From a sociological point of view, there is a living law. To calmly shuttles between law and language, it is necessary to reexamine the judicial status of judicial officials in the legal activities and liberate them from the mechanical operation on the legal line.