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 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. —
The legal language of the Russian state in the late XV – XVII centuries
// Genesis: Historical research. – 2016. – ¹ 3.
– P. 168 - 187.
DOI: 10.7256/2409-868X.2016.3.19128
URL: https://en.e-notabene.ru/hr/article_19128.html
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Abstract: Critical factor in the development of the Russian state in the late XV – XVII centuries was the transformation of writ language obschevelikorussky in the state language. On the one hand, it is possible to create one of the fundamental bases of national unity. On the other, mandative language became the language of the legislation, court and official records management. Methodological basis of research is the dialectical method of cognition, scientific and private-scientific methods. The article is interdisciplinary, using methods and techniques of legal theory, source studies and historical linguistics. This article argues that the strengthening of the Supreme power and improve the mechanism of state in XVI – XVII centuries laid the foundations for the process of formation of law in the modern sense of the word, the improvement of Executive and administrative activities and proceedings. As before, the Russian right XVI – XVII centuries developed under the influence of the Byzantine (Greco-Roman) law, as evidenced by the tracings with the conceptual-categorical apparatus of Roman law and the use of arqueolegico language in the Russian legislation. But from the mid-seventeenth century becomes noticeable influence of European law, which is reflected in the borrowing of European legal vocabulary. In other words, you can talk about the beginning of the process of Europeanization of state and law of Russia, which received its highest development in the legislation of the Russian Empire XVIII – XIX centuries.
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.