Basic Level Categorisation and the Law

Abstract

This article probes the usefulness of the notion of basic level categorisation for legal theory. Basic level categorisation is the central part of the vertical dimension of Eleanor Rosch’s prototype theory. It addresses the question about the various levels of abstraction at which humans can categorise the world. Extensive anthropological, psychological and linguistic research has proven that there is a preferable level of abstraction, namely the basic level, at which primary categorical cuts of the perceived world are made. Three areas of legal theory are identified when applying these findings. The first is the area of visualisation of legal rules. The notion of basic level categories addresses some of the known problems of discrepancies between the visualisation of a rule and its verbal description. The second is the area of statutory interpretation.