Lenguaje jurídico claro: nuevos usos del lenguaje en el Estado Social y Democrático de Derecho. Análisis de su implantación en los sistemas jurídicos español y colombiano.

Abstract

The work aims to highlight the importance of clear legal language in order to bring this issue to the forefront in academic settings, striving for a linguistic transformation among future professionals in the judicial field. The objective is to analyze the significance of employing clear legal language in a social and democratic state of law, along with the main strategies for its implementation in the Colombian legal system. The thesis is structured into three chapters: In the first chapter, the relationship between language and law is established, demonstrating the close connection between the two and how the conception of language inevitably affects law. This section covers general concepts, characteristics, the use of traditional language, and clear legal language. The second chapter focuses on the necessity of clear legal language in a Constitutional State of Law, clarifying the conception of the state in the relevant countries. Finally, the third chapter presents a comparison of the measures that Spain and Colombia have designed and implemented to address the issue of clear legal language. The goal is to promote clear legal language, as the lack of understanding in the drafting of sentences can negatively impact victims and undermine trust in the justice system, thereby reinforcing the transparency and legitimacy of the legal system.