Akishin M.O. —
Legal language of the Soviet government
// Genesis: Historical research. – 2016. – ¹ 6.
– P. 221 - 242.
DOI: 10.7256/2409-868X.2016.6.21362
URL: https://en.e-notabene.ru/hr/article_21362.html
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Abstract: Similar to the other European countries, the establishment of republic, elimination of class rights and privileges, consolidation of the principle of equality before the law, in Russia took the revolutionary path. However, the Russian October Revolution was a reaction to not only the outlived feudal society, but also negative phenomena of the era of “wild capitalism” of the XIX century. The October Revolution led to the state regulation of the economy and its planning, which allowed realizing the position of the Marxist-Leninist teaching: elimination of exploitation of man by man, recognition of the socioeconomic and cultural human rights. Study of the positive experience, contributed by the Soviet authorities into the development of Russia and the entire world, remains relevant. The goal of this article is the examination of the legal language of Soviet authorities. The article substantiates that the core of the lexical-semantic system of legal language consisted of such political terms as “socialism”, “Communism”, “dictatorship of the proletariat”, “state of the whole people”, and others. The crucial achievement of the legislative technique of the Soviet government became the principle of the use of the Russian literary language in the national legislation. At the same time, there were no significant renewals in grammar and lexical composition of the legal language during this period. In other words, the legal language reflected not only the practice of Soviet construction, but also preserved the succession with the preceding stages of its history.
Akishin M.O. —
State and legal languages of the Russian Empire of the XIX century
// Genesis: Historical research. – 2016. – ¹ 5.
– P. 56 - 73.
DOI: 10.7256/2409-868X.2016.5.20707
URL: https://en.e-notabene.ru/hr/article_20707.html
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Abstract: The relevance of this topic is substantiated by the following aspects: firstly, by the polemic on “Russification” policy of the XIX – beginning of the XX centuries, which negatively affects the international relations of the adjoining states alongside interpersonal communication of their citizens; and secondly, by the need to continue the examination of the changes that take place within the legal language of the Russian Empire of the XIX century. The subject of this research is the legislative regulation of the status of legal language and its development in the Russian Empire of the XIX – beginning of the XX centuries. The goal of the article consists in the study of the history of law policy in the area of language relations of the Russian Empire, as well as the impact of legal writing upon the language of law. The author determines that the law policy of the Russian Empire in the field of language relations was aimed at strengthening of state positions of the Russian language, which corresponded to the teachings of the Romanticism era about the meaning of language in consolidation of the nation. At the same time, the native languages of indigenous people were also respected in Russia. Legal language as the core of state language in the Russian Empire of the XIX century, represented an entire law institution with the scientifically developed language base. The requirements for the language comprised one of the sections of juridical knowledge – legal writing. The judicial reform of 1864, which strengthened the principles of adversary, publicity and oratory of court proceedings, led to the establishment of judicial public speaking.
Akishin M.O. —
State reforms and legal language of the Russian Empire of the XVIII century
// Genesis: Historical research. – 2016. – ¹ 4.
– P. 51 - 72.
DOI: 10.7256/2409-868X.2016.4.20072
URL: https://en.e-notabene.ru/hr/article_20072.html
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Abstract: This article examines the impact of state-legal reformations upon the development of the legal language of the Russian Empire of the XVIII century. The author performs an analysis of the Romano-Germanic doctrines of the Renaissance era with regards to the development of the state and law of Russia through the prism of the language borrowings. The article reviews the state-legal policy in the area of language relations, changes in the language of legislation, establishment of the conceptual apparatus of law, language of the official clerical correspondence and judicial procedures, as well as the influence of legal science upon the development of the theory of legal language in the Russian Empire. It is determined that the establishment of the enlightened absolutism and the state of the early New Times had impact upon the development of Russian language. The law in the modern essence becomes the essential source of law. Certain requirements to the language are being formulated in the lawmaking process. The author highlights the establishment of terminology and terminological system of legal language; the legal notions attain the legal definitions. The formation of legal science led to the development of the theory of legal language; the dictionaries of the XVIII century were comprised by the renowned Russian scholars and public figures. It is noted that Russia has formed the tradition of the doctrinal definitions of legal concepts, which were endowed with substantial authority.
Akishin M.O. —
Language situation and law in Ancient Rus during the period of feudal fragmentation and foreign yoke
// Genesis: Historical research. – 2016. – ¹ 2.
– P. 9 - 21.
DOI: 10.7256/2409-868X.2016.2.17870
URL: https://en.e-notabene.ru/hr/article_17870.html
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Abstract: This article examines the language situation in the Russian lands under the conditions of feudal disunity, Tatar-Mongol invasion, Golden Horde; the language situation in the southwest of Rus as a part of the Polish-Lithuanian Commonwealth is also being reviewed. The subject of this research is the legal regime of Russian and foreign languages, as well as the development of legal language in the Russian lands of the XIII – XV centuries and its lexical-semantic field. Within the historical legal science these questions have never been discussed, nor raised. Thus the author makes an attempt to fill this gap based on the interdisciplinary research. It is determined that the feudal fragmentation not only destroyed the state unity of Ancient Rus, but also led to the formation of different dialects of the Russian language as the official languages of the appanage principialities and veche republics. Under the conditions of the yoke, the Turkic-Tatar language became the state language of the Russian lands that were included into the Golden Horde; but at the same time, various dialects of the Russian language, as well as the Church Slavonic language were de facto recognized as official in the Russian lands by the conquerors. Restoration of statehood in the Ancient Rus lands was taking place under the different circumstances, which reflected on the language situation. Cultural identity of the Southwestern Rus, which in the XIV – XV centuries became a part of the Grand Duchy of Lithuania and the Polish–Lithuanian Commonwealth, has suffered to the most extent. The official language of this region became an artificially created “simple Russian speech”. In Novgorod and Pskov the language significantly differed by its local specificity. Most success in restoration of statehood was reached in the Grand Duchy of Moscow, which led to the establishment of the legal language.
Akishin M.O. —
The formation of the legal language in Ancient Rus IX – XII centuries.
// Genesis: Historical research. – 2016. – ¹ 1.
– P. 203 - 236.
DOI: 10.7256/2409-868X.2016.1.17620
URL: https://en.e-notabene.ru/hr/article_17620.html
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Abstract: The fundamental hypothesis of the article is the theory, formulated in parallel, and V. I. Vinogradov.L. Weisgerber, according to which language is a state – building factor, an essential attribute of the state. The core of the lexico-semantic field of the state language is legal language. The formation of the state language of Ancient Russia was, on the one hand, due to the blurring of the dialects of East Slavic tribes and the formation of a single Russian spoken language; on the other hand, the adoption of Church Slavonic as the language old Russian book-learning. The desire to distance the Prince of statutes for the population of Ancient Russia was determined that Russian spoken language as their basis. However, Church Slavonic language has influenced the texts of the Prince of legitimation, it was carried out translations of Byzantine legislation, including acts of ecclesiastical law, which had legal force in Russia. Therefore, the state language has evolved in the combination of Russian spoken language and Church Slavonic language. A study of the lexico-semantic field of Russian language of the law helped to prove that in Ancient Russia there was a number of terms that are fundamental to modern legal language, including: law, law, customs, Ambassador, Treasury, court, plaintiff, a person, estate, lender, will, murder, witness, etc. Rich lexical composition of the language of the law allowed to borrow from Byzantine law and to formulate abstract rules in the statutes of princes of Ancient Russia.