The unpredictable path of legal transplants: some analogy with language evolution

Abstract

Historically, comparative lawyers have always paid great attention to the relation between law and language. Not only because it is very difficult to convey a legal message without using language (images may be ambiguous), but also because of some parallelisms between the evolution of languages and of legal institutions. In the present time, where “politically correctness” of language has become a priority, can we learn something from efforts to improve the way in which ordinary people speak or write? How far will directions to avoid discrimination in public discourse affect the general communication? Will the “rebellious nature” of spontaneous exchanges resist interferences to improve the condition of some social groups? A reflection on past experiences may help us in focusing on today’s issues.