Chufarova E.N. —
Language of Law in 'Language-Speech' Dichotomy
// Legal Studies. – 2018. – ¹ 2.
– P. 1 - 7.
DOI: 10.25136/2409-7136.2018.2.25322
URL: https://en.e-notabene.ru/lr/article_25322.html
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Abstract: The subject of the research is the language of law and particularities of the legal speech from the point of view of Ferdinand de Saussure's linguistic dichotomy. The aim of the research is the phenomena that we deal with when we speak of the languge of law, legal speech and law in general. Based on the author, adequate understanding of law texts depends on communicators' overall level of speech competence, their knowledge and concept of the world. Law communication cannot be based on this rule because therei is no particular addressee in law communication and law texts are usually oriented not only at professionals (lawyers) but also general public. The author of the article carries out a comparative analysis of the terms 'language' and 'speech', their definitions in academic researches and analysis of the term 'speech activity' applied to creation of new texts. The results of the analysis demonstrate that law can be expressed through both verbal and writing speech acts. Noteworthy that in this case language functions as a code or universum (standard rules) to be observed when creating all kinds of law texts. As a consequence, law speech acts, especially those in writing, do not only tend to rigid regulations and clearness but also maximum specification of described features, circumstances and conditions.
Chufarova E.N. —
Legal terminology, professionalisms and professional jargon: problem of distinction between concepts
// Law and Politics. – 2018. – ¹ 2.
– P. 9 - 14.
DOI: 10.7256/2454-0706.2018.2.43129
URL: https://en.e-notabene.ru/lamag/article_43129.html
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Abstract: Modern researchers studying the processes in the area of legal language notice an increase in the frequency of use of professionalisms and professional legal jargon in lawmaking and law enforcement. To assess the relevance of the problem of infiltration of normative lexicon into the sphere of professional activity of the lawyers, the concepts of “term”, “professionalism” and “jargon” need to be defined when applied to legal language. In this work, the author attempts to formulate the principles of their distinction from one another, determine in which situations the official and unofficial lexicon is allowable, and find where professionalisms and professional jargon differentiate from legal and linguistic illiteracy. For these purposes, the author analyzed a number of scholarly works of linguists, and conducted a comparative analysis of several layers of legal language (terms, professionalisms, and jargons).