Published: 2021-06-29

Linguam novit curia? Corpus analysis in criminal law – the beginning of a discussion

Zygmunt Tobor Logo ORCID , Mateusz Zeifert Logo ORCID

Abstract

In the interpretation of criminal law, an important role is played by the presumption of the common (general, colloquial) meaning of statutory expressions. Determining the common meaning in the process of applying the law is usually based on the linguistic intuition of the procedural authority or on dictionaries. In the article, we present an alternative source
of knowledge about the common meaning of linguistic corpora. The use of corpora as a tool of legal interpretation has been intensively discussed in American literature for several years. The main objections are raised in the context of criminal law. The article reviews the main arguments raised in the American debate and relates them to Polish legal culture. Moreover, some exemplary corpus analyzes in criminal cases are presented, both in the context of legal interpretation and the assessment of linguistic elements of the facts of the case.

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Citation rules

Tobor, Zygmunt, and Mateusz Zeifert. 2021. “Linguam Novit Curia? Corpus Analysis in Criminal Law – the Beginning of a Discussion”. Forum Polityki Kryminalnej [Forum on Criminal Policy], no. 1 (June):1-25. https://doi.org/10.31261/FPK.2021.01.04.

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No. 1 (2021)
Published: 2021-07-20


eISSN: 2720-1589
Ikona DOI 10.31261/FPK

Publisher
Wydawnictwo Uniwersytetu Śląskiego | University of Silesia Press

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