Linguistic aspects of law: problems and prospects

Keywords: language of law, legal linguistics, legal text, legal terminology, linguistic expertise.

Abstract

The article is devoted to the theoretical analysis of the scientific work on the problems of linguistic features of the legal language arising at the intersection of language and law. The current problems arising from the above interaction in the state, socio-legal, professional and private spheres have been described, the issues of debate have been outlined and the need for a comprehensive approach to their further study has been substantiated.

The purpose of the article is to summarise the scientific investigations carried out in the “language and law” coordinate system and to identify specific linguistic problems related to the legal language and the ways of their solution.

Nowadays, modern legal linguistics has faced an acute issue of developing a special methodology which should take into account both natural language, legal linguistic and legal aspects. The article uses the method of analysis of theoretical sources relevant to the research topic, which involves the collection and extraction of scientific information belonging to the group of empirical methods of scientific knowledge, as well as processing and analysis of the data obtained, which belongs to the methods of theoretical knowledge.

On the basis of a systematic analysis, the linguistic and legal research on the problem has been reviewed; the main vectors of domestic and foreign jurisprudence development with a projection on the linguistics of law have been identified; the issues of streamlining legal terminology, searching for interlingual equivalents and creating dictionaries of legal terms have been considered; the problems of combining theoretical and applied methods for qualitative linguistic examination of legal texts have been characterised; the positive and negative consequences of semantic and textual linguistic examinations of legal texts have been studied. The article discusses the debatable approaches to semantic and textual examination of legal texts, its positive and negative consequences, and substantiates the need to expand the subject area in order to create a single modern research space in the coordinate system “language and law”.

Downloads

Download data is not yet available.

Author Biographies

S. P. Girenko, Kharkiv National University of Internal Affairs

Candidate of Pedagogical Sciences, Associate Professor.
Faculty № 2 (deputy dean).

O. B. Overchuk, Kharkiv National University of Internal Affairs

Candidate of Philological Sciences.
Department of Ukrainian Studies (senior lecturer).

V. A. Pertseva, Kharkiv National University of Internal Affairs

Candidate of Philological Sciences, Associate Professor.
Department of Ukrainian Studies (assistant professor).

References

Liubchenko, M. I. (2015). Legal terminology: concepts, features, types. Human Rights Publishing House.

Kosarenko, O. I. (2011). Language norms and regularities in the legal system. Bulletin of the Academy of Advocacy of Ukraine, 2(21), 213–218.

Gumperz, J. J. (2007). A Postscript: Style and Identity in Interactional Sociolinguistics. In Style and Social Identities. Alternative Approaches to Linguistic Heterogeneity (pp. 477–501). Berlin.

Hamann, H. (2017). Structuring legal theory as a legal language theory. In E. Felder, F. Vogel (Eds.), Handbook of language in law (pp. 175–185). De Gruyter.

Harris, Z. S. (1952). Discourse analysis: A sample text. Language, 28, 474–494. https://doi.org/10.2307/409683.

Radu, A. (2013). Linguistic ecology: directions and problems of research. Humanitarian Education in Technical Higher Educational Institutions, 27, 191–197.

Artykutsa, N. V. Legal linguistics as a new promising direction of interdisciplinary research. Kyiv-Mohyla Academy. http://ekmair.ukma.edu.ua/handle/123456789/2461/.

Bekhruz, Kh. N. (2010). Law understanding, understanding of law and legal system. Law of Ukraine, 4, 143–147.

Bilousova, O. I. (2010). Grammatical Specificity of the Language of Ukrainian Legislation [Candidate thesis, Oles Honchar Dnipro National University].

Zarkhina, S. E. (2011). Near the origins of domestic legal linguistics – the first work of V. D. Katkov. Problems of Legality, 117, 221–229.

Koval, N. Ye. (2015, April 24). Legal Linguistics – a perspective direction of legal discourse research [Conference presentation abstract]. IV International Science and Practice Internet Conference “Philology of the XXI century: theory, practice, perspectives”, Odesa, Ukraine.

Pradid, Yu. F. (2011). Juridical linguistics in Ukraine: achievements and perspectives. Movoznavstvo, 2, 31–37.

Kovalskyi, V. S., & Kuzintsev, I. P. (2012). Law-making: theoretical and logical foundations. Yurinkom Inter.

Koloiz, Zh. (2020). Globalization processes and their consequences for national ecolinguistic systems. Philological Studies, 21, 9–23. https://doi.org/10.31812/filstd.v21i.4749.

Cherniei V. V., Husariev S. D., Cherniavskyi S. S. et al. (Eds.). (2012). Ukrainian language in jurisprudence: status, problems, prospects. National Academy of Internal Affairs.

Lukianov, D. V. (2015). Sub-national legal systems, approaches to determining. Comparative and Analytical Law, 3, 25–27

Cherednyk, Yu. M. (2011). Modernization of state language policy in Ukraine: theoretical and methodological aspect [Candidate thesis, Dnipropetrovsk Regional Institute of Public Administration].

Artykutsa, N. V. (2019). Legal terminology in Ukraine: modern state, main strands and perspectives. Terminological Bulletin, 5, 6–17.

Derdi, E. T. (2006). Language and law as a reflection of reality: to the question of the functioning of legal terminology. East Slavic Philology, 11(I), 57–60.

Skorokhodko, E. F. (2002). Modern English terminology. UILM.

Lebedenko, V. I. (2014). Legal technique: concept, purpose, methodological principles of application. Information and Law, 2(11), 52–56.

Yablokova, O. (2020). Peculiarities of translation of literary text as primary and derived object of copyright. Law Herald, 4, 189–194. https://doi.org/10.32837/yuv.v0i4.1988.

Published
2023-11-08
How to Cite
Girenko, S. P., Overchuk, O. B. and Pertseva, V. A. (2023) “Linguistic aspects of law: problems and prospects”, Bulletin of Kharkiv National University of Internal Affairs, 102(3 (Part 1), pp. 218-227. doi: 10.32631/v.2023.3.20.