Legal & Administrative Texts: Characteristics and Structure

Posted on Oct 10, 2024 in Law & Jurisprudence

Legal and Administrative Texts

Basic Characteristics

  • Predominance of Conative Function: These texts aim to influence the recipient’s behavior.
  • Diversity of Genres: Each area (legislative, judicial, administrative) has a wide range of genres.
  • Stereotyped Forms: Genres follow preset patterns established by tradition.
  • Specific Register: Characterized by formality, specific legal terminology, formulas, complex syntax, and a neutral style.
  • Performative Nature: Messages often have immediate effect (e.g., decrees, sentences).
  • Univocality: Despite complexity, these texts aim for clarity and a single interpretation.

Legislative Texts

Legislative texts regulate citizen behavior and are primarily instructive. They often include explanatory and argumentative sequences to support the established rules.

Genres of Legislative Texts

  • Law: General legal standard issued by legislative bodies (courts or parliament).
  • Decree: Legal standard issued by the state government.
  • Order: Rule issued by a minister.
  • Norm: Standard issued by local authorities (e.g., municipal ordinances).
  • Rules: Set of rules clarifying the application of a law.

Structure of Legislative Texts

Legislative texts (laws, decrees, ordinances) typically have five sections:

  1. Reference and Title: Includes the name of the issuing institution, reference number, date, and title.
  2. Justification: Explains the social and political need for the regulation and its legal basis.
  3. Body: Contains the content of the regulation, structured with titles, chapters, and articles.
  4. Final Provisions: Specifies conditions of application, repeals of other regulations, or transitional provisions.
  5. Sanctioned Signature: Signature of the authority validating the regulation.

Characteristics of Legislative Texts

  • Objective, Orderly, and Clear: Presents information in a structured and understandable manner.
  • Hierarchical Structure: Uses headings and subheadings to organize content.
  • Schematic Presentations: Employs numbering, lettering, and lists for clarity.
  • Formal and Legal Formulas: Uses traditional legal language.
  • Abundance of Specific Terms: Utilizes terminology specific to the field of law.
  • Impersonal Discourse: Uses generic terms and avoids personal pronouns.

Legal Texts

Legal texts are produced during judicial processes. They include initiating documents, supporting documents, and the final decision.

Major Legal Genres

  • Demanda (Complaint): Document filed with a court to initiate legal proceedings.
  • Report: Prosecution’s presentation against an accused person.
  • Requeriment (Request): Document requiring someone to perform or refrain from an action.
  • Diligència (Procedure): Document recording information and events related to a legal process.
  • Sentència (Sentence): Final resolution of a legal proceeding.
  • Apel·lació (Appeal): Document requesting the revocation of a sentence.

Typology

Legal texts typically use narrative, explanatory, argumentative, and instructive sequences.

Structure of Legal Texts

Legal texts can be categorized into two groups: those from citizens to the judge and those from the judge to citizens. Both types usually have four sections.

Linguistic Features of Legal Language

  • Vocabulary: Uses specific legal terminology, Latin expressions, and traditional formulas.
  • Syntax: Characterized by long sentences, peripheral elements related to legal procedures, and connectors for textual cohesion.

Administrative Texts

Administrative texts facilitate communication between citizens and the administration.

Frequent Administrative Genres

  • Instància (Application): Document used to request something.
  • Carta (Letter): Used to request information or modification of an administrative sanction.
  • Recurs (Appeal): Document requesting the cancellation or modification of an administrative sanction.
  • Certificat (Certificate): Document officially recording information held by an administrative entity.
  • Acta (Minutes): Document recording discussions and decisions made at a meeting.
  • Citació (Summons): Document specifying the time and place for appearing before an authority.
  • Convocatòria (Notice): Document announcing a meeting’s time, place, and agenda.
  • Invitació (Invitation): Document inviting someone to a public or official event.
  • Currículum (Resume): Document outlining a person’s qualifications and experience.
  • Contracte (Contract): Document recording agreements between parties.
  • Autorització (Authorization): Document granting permission to exercise a right or perform an act.
  • Escriptura (Deed): Document recording an act or agreement, attested by a notary.