الصياغة التشريعية

The Legislative Drafting

There are two terms, legislative drafting and legal drafting. On the occasion of the amendment of the French Obligations Act of 10 February 2016, it was stated that the drafting of this amendment was made with the contribution of thousands of hands and passed through several drafts by competent bodies and reviewed by French and European law specialists. To find out about this subject in the information age and what has been developed and continues, the article was conducted through the following research plan: Section One addresses legislative language. Section Two discusses distinctive features of legislative language. The research ends with the conclusion that the legislative discourse has its own characteristics and logic, which requires careful consideration of its style and the use of certain ‘technical’ terms and expressions. The judge, lawyer and legal consultants are primarily interested in analyzing the text as they find it. However, mental processing is open to benefit from the phrasing by means of argumentation, interpretation or adaptation, (l'argumentation, l'interpretation or la qualification in French, respectively). These mental processes are supposed to lead to justice. In addition, the above does not mean that the interest in the legislative language is limited to procedural laws, but it also covers all legal fields. This research makes important recommendations.