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Form and Responsibility in Legal Writing: The Real but Impossible Document — And It Works

Zaichenko, Vladimir
PhilArchive · Papers
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philosophy
Legal documents are usually read as neutral carriers of norms, arguments, or procedural claims. This article starts from a different premise: that certain legal texts operate simultaneously as juridical acts and as formally responsible articulations whose meaning cannot be detached from their mode of address. Drawing on ancient forensic rhetoric, modern copyright doctrine, and a close reading of a cassation complaint, the paper argues that a distinct genre has silently emerged—one that addresses the judge not as a function but as a human agent of judgment. This genre has long existed in practice; what is new is not its emergence, but its conceptual legibility. The article thus proposes not merely an interpretation, but a shift in how legal writing may be read.
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