Poor semantic interpretation of the law is on our environment, has resulted in more than a contradictory ruling, as a direct result of damage more who have been burdened with these is the poor image of justice we have in our country, ergo, the perception of legal uncertainty that would homelands border exists and where we are given low scores in the administration of justice.
To better understand how the semantics that influences judicial decision making, you need to know before you mean to which depart from the knowledge of semiotics, defined as the logic of symbols, this is divided into three parts: syntax, semantics and pragmatics. The syntax These are signs relations between them, regardless of their content (for which we are interested sign means a word, with its own unit in the vocabulary). Semantics is the study of meaning of linguistic signs, ie words, phrases and sentences. Those who study the semantic try to answer questions like "What is the meaning of word X?". To do so they must consider what signs are and what they have meaning, or what is, what they mean for writers and speakers, as designated ie how to relate ideas and things, and finally , how they are interpreted by readers and listeners. The third deals with relations between the symbol and the subject who uses it. The
recent competition to renovate the High Courts, it was clear the low scores obtained by participants, a fact which has been the concern that if the new judges will be sufficiently trained to adjudicate according to the law as a result of proper semantic interpretation of the law rulings to be appealed for clarification or expansion, at best, and to exist in the ministers the ability to accept criticism, could be rectified, but unfortunately there are others in which the "alleged dark law "(read poor semantic interpretation) is used as the crutch to justify legal weaknesses, which would jeopardize the sway of dark and narrow interests.
If this is the profile of the new Ministers of superior courts, we can expect from top-level judges and prosecutors (with very few honorable exceptions of current functions), where as a condition for access by , you need to demonstrate experience of only three (3) years of professional practice, unrealistic requirement given the rare opportunity to work that exists in Ecuador given the massive delivery of poorly prepared lawyers graduate each year our universities.
In this gloomy scenario, most of the time, judges and prosecutors must make a particular interpretation of the law, and on occasion, and failure in proper semantic interpretation, and by hidden motivations-are hidden because if the judge or the prosecutor made public before issuing their rulings and opinions incur malfeasance, counteract the requirements of the 4th paragraph of the preliminary effective Civil Code, dealing with judicial interpretation of the law. In this title, Article 18 provides in paragraph 1: When the meaning of the law is clear, its wording be disregarded under the pretext of consulting spirit. Paragraph 2 reads: The words of the law is construed in their natural and obvious sense, as the natural use of the same words, but when the legislature specifically defined for certain materials, they are given legal meaning in them. In criminal matters, the Criminal Code exhaustively in Article 4 .- Prohibits in criminal matters to the broad interpretation. The judge should adhere strictly to the letter of the law. In cases of doubt it is construed most favorable to the defendant.
To illustrate the practice of poor semantic interpretation of the law in recent days and media, Mr. Boris Jervis Troy publicly denounced the irregular handling of Executive Judgement No. 132-2005, which, at its core and referring to the ruling issued by the Ministers of the Division of Civil and Commercial Court of Justice of Portoviejo (Ab. Griselda Dr. Luis Velez Velez and Girl Valencia) erroneously states that changed the proper interpretation of one of the exceptions, the lack of personality of the defendant for lack of personality of the actor, entangled in the clarification and extension of unmotivated failure to conclude by saying that capital does not influence the error in the decision of the case. (Sic)
Cases like the one told
are not exceptional, except those "cases difficult or exceptional interest, many lawsuits are handled on the basis of entanglement and to disparate interpretations of the law, not only because of insufficient in semantic interpretation, but also by the poor grammar shown in the present wording, decrees and judgments of Amen horrible misspellings.
are not exceptional, except those "cases difficult or exceptional interest, many lawsuits are handled on the basis of entanglement and to disparate interpretations of the law, not only because of insufficient in semantic interpretation, but also by the poor grammar shown in the present wording, decrees and judgments of Amen horrible misspellings.
The assembly should be considered in the new assembly, which in the Constitution, and in the section concerned with regard to the Legislature and the structure of the rules, consider the use of words commonly used or most preferred, and In the future, the coding committee of Congress, and the current Constituent (is that possible?) Are composed of lawyers with postgraduate studies in semantics, composition and creative writing. Concomitantly, obliging candidates for future judges, ministers, judges and prosecutors to approve before the relevant course, an examination of semantic interpretation, grammar and writing. And that, which is (not Hayen) in office, they (are not) because of refresher courses required course in the same subjects.
course the ultimate solution must come from better-change from the base fully-school education programs, middle and top.
