Language of Law and Invasive Legal Species – Endemic Systems, Colonisation, and Viability of Mixed Law

Abstract

The article asks what is the significance of language for the viability of an endemic mixed legal system. The analysis applies the ecological conceptualisation of endemism and explains how invasive species colonise an endemic mixed system. It is argued that the process of displacing takes place in a manner similar to the process of colonisation of the lifeworld as explained in Habermas’ theory of communicative action. It is also argued that a socio-linguistic infrastructure is needed to ensure the use of minority legal language under the influence of the surrounding bigger legal culture. The argument is tested with four illustrative cases allowing theory building. The cases addressed are Hong Kong, Scotland, Quebec, and Louisiana. The article concludes that language itself is not the cause of legal cultural colonisation. Language, if common to both a smaller and a bigger legal culture, is the medium through which invasive legal species are carried.