The Specifics of Color Designation in Legal Discourse (Based on the Material of English and Russian Phraseological Units)

Osadchaia Ol'ga Nikolaevna PhD in Philology Senior Tutor, Department of Foreign Languages, Russian State University of Justice 69 Novocheremushkinskaya str., Moscow, 117418, Russia zuba-zuba@mail.ru Other publications by this author

Introduction

The relevance of the research topic is due to the need for a deeper study of the phraseological component of legal discourse in the compared languages in order to clarify the common and specific features of the worldview of representatives of the compared linguistic cultures, the peculiarities of the national cultural mentality. The study of the ways of using special expressive means in legal discourse for the purpose of linguistic manipulation is extremely important within the framework of the anthropocentric scientific paradigm in the modern world.

Numerous works by famous scientists have been devoted to the study of the worldview in the scientific community ^{[2, 15, 18, 21]}. A. Einstein understood the picture of the world as "an objective vision and understanding of reality, capable of bringing a thinking person out of the world of sensations, personal experiences and inconsolable emptiness, transferring the center of gravity of spiritual life into the construction of a logically coherent system" ^[19]. The concept of "worldview" is firmly entrenched in various branches of science: philosophy, psychology, cultural studies, physics, linguistics and others.

The study of the worldview through the prism of linguistic and speech entities that contribute to the conceptualization and verbalization of reality aims to describe and identify the deep patterns of the linguistic worldview ^{[3, 6, 11, 14, 20]}. At this stage of the development of linguistics, there is no single approach to defining this concept. In the understanding of A.E. Kibrik, "the linguistic picture of the world is a historically formed set of ideas about the world in the everyday consciousness of a given language collective and reflected in the language" ^[12].

Phraseology is of particular importance in the study of the linguistic picture of the world, since phraseological units "are associated with cultural and national standards, stereotypes, mythologems, etc. and when used in speech reproduce the mentality characteristic of a particular linguistic and cultural community" ^[16]. The national and cultural marking of linguistic realities is clearly displayed in the phraseological fund of the language. By means of phraseological units, universal and idioethnic features of perception of culturally significant stereotypes and standards encoded in various languages are revealed. Thus, the existence of a phraseological picture of the world endowed with cultural and national connotation is postulated ^{[1, 5, 7, 9]}. The phraseological units included in it are based on figurative foundations that describe, as a rule, human actions, his emotional states, various life situations, names of parts of the human body, etc. The color-signifying vocabulary has been studied quite deeply in modern linguistics ^{[4, 13, 17]}. Of particular interest is the study of color nominationin phraseological structures due to the ability of lexemes verbalizing various color correlations to reflect the specifics of the worldview of speakers of the compared languages. Color lexemes as part of legal phraseological units represent culturally significant concepts of the legal corpus ^{[8, 10]}.

In our work, the study of color designation as part of legal phraseological units is carried out for the first time when comparing English and Russian languages.

The research material is phraseological units with a color component in English and Russian legal discourse, selected on the basis of phraseological dictionaries in comparable languages (Birikh A. K. Russian phraseology. Historical and etymological dictionary / A. K. Birikh. M.: Astrel: AST: Lux, 2005. 926 p.; Kveselevich D. I. Russian Russian-English phraseological dictionary / D. I. Kveselevich. M.: Astrel: AST, 2005. 620 p.; Kunin A.V. Great English-Russian phraseological dictionary / A.V. Kunin. M.: Rus. yaz. – Media, 2005. 1210 p.; Dictionary-thesaurus of modern Russian idioms: about 8000 idioms Modern Russian Language / V. V. Vinogradov Russian Language Institute of the Russian Academy of Sciences; A. N. Baranov, D. O. Dobrovolsky, K. L. Kiseleva [et al.]; edited by A. N. Baranov, D. O. Dobrovolsky. M.: The World of Avanta+ encyclopedias, 2007. 1135 p.; Fedorov A. Phraseological dictionary of the Russian literary language / A. Fedorov. M.: AST, 2008. 880 p.; State Duma. The "black list" of guardians. URL: http://duma.gov.ru/about/hidden/materinstvo/46005 / (accessed 01.01.2023); Urban Planning Code of the Russian Federation. The draft layout of the territory. URL: https://www.consultant.ru/law/podborki/krasnaya_liniya_zastrojki / (accessed 02.01.2023); Federal Tax Service. The activities of the Federal Tax Service of Russia. Electronic resource. – URL: https://www.nalog.gov.ru/rn19/news/activities_fts/12092893 / (accessed 01.01.2023); Federal Tax Service. The payment of a "gray" salary entails the responsibility of the employer and the employee. URL: https://www.nalog.gov.ru/rn53/news/activities_fts/6829982 / (accessed 02.01.2023); Cambridge Dictionary, Cambridge Dictionary. URL: https://dictionary.cambridge.org (accessed 12.12.2022); Dictionary and Thesaurus by Merriam-Webster. URL: https://www.merriam-webster.com (accessed 13.12.2022); Macmillan English Dictionary. URL: http://www.macmillandictionary.com/ (accessed 12.12.2022); Oxford English Dictionary. URL: http://www.oed.com/ (accessed 10.12.2022); Oxford Dictionary of Idioms. URL: http://www.oxfordreference.com (accessed 10.12.2022).

The present study required solving the following tasks:

- using the data of English and Russian phraseological dictionaries, to establish the uniqueness of the representation of the phraseological component of legal discourse in the compared languages;

- to identify and quantify the composition of phraseological units with a color element in the English and Russian legal language space;

- to find out and compare the representativeness of color designation systems in the compared languages in the national and cultural aspect.

The following methods were used in the course of the study: classification method, modeling, semantic analysis, continuous sampling method, comparative, quantitative method of processing the results obtained.

The solution of the tasks set became possible thanks to the theoretical basis presented by works that reveal the phenomena of the linguistic picture of the world (Arutyunova, 1998; Vorkachev, 2010; Karasik, 2002; Kibrik, 2010); devoted to the description of the phraseological picture of the world (Alefirenko, 2009; Guseva, Kuznetsova, 2013; Telia, 1996); characterize markers of color designation in various linguistic cultures (Vezhbitskaya, 2001; Muryanov, 1978; Ter-Minasova, 2000).

The practical significance of the work is due to the comparative nature of the research and consists in the possibility of using its results in lecture courses and in the preparation of practical classes on comparative phraseology of English and Russian languages, as well as as additional material for dictionary entries of bilingual dictionaries.

The main part

As shown by the analysis of examples of English phraseological units that verbalize legal concepts, the composition of color lexemes is quite diverse: black, red, white, blue, pink, grey, green, golden, silver, yellow (black, red, white, blue/light blue, pink, grey, green, gold, silver, yellow).

The most quantitatively represented is a group of phraseological units with the color component "black" ("black"). This lexeme acquires a dual character in the English legal consciousness, endowing phraseological units with both negative and positive connotations. Consider the following example: "black bag job" - designing a covert intelligence operation carried out by esp. by the Federal Bureau of Investigation, involving illegal entry into premises [from the black bag in which equipment required for such an operation was typically carried out] (menial work is the designation of a secret intelligence operation conducted by a special. The Federal Bureau of Investigation, with illegal entry into the premises [from a black briefcase, which usually carried the equipment necessary for such an operation].

Now it's called 'special operations'; back then it was a 'black bag job'—and we weren't always very careful about getting a warrant (Oxford English Dictionary) (trans. Now it's called "special operations"; then it was "menial work" — and we didn't always take care of the proper the procedure for obtaining an order). Here and further, the translation is made by the authors of the article. – T. B., O. O. In this example, the color lexeme gives the phraseology the image of something secret, illegal. On the contrary, in the following phraseological unit, this lexeme is characterized by a positive assessment with a dominant cultural component expressing accuracy, clarity and adherence to the letter of the law: "black letter law" - based on or embedding in old printed texts or principles; well-established, time-honored; standard ("a law that cannot be doubted or challenged" – based on old printed texts or principles; well-established, time-tested; standard).It's a black-letter rule of international law that there is what's known as universality of jurisprudence for the trial of war crimes(Oxford English Dictionary) (trans. This is a rule of international law known as the universality of jurisdiction for war crimes trials).

A group of phraseological units with the color component "green" is also widely represented, for example: "green collar crime" – designating (corporate) crime or fraud related to the environment ("environmental crime" – designation of a (corporate) crime or fraud related to the environment). At the same time, perceptual-figurative ideas about color are accentuated, metaphorically nominating the "green", eco-friendly paradigm of industrial development.

Sentencing the green-collar offender: punishment, culpability, and environmental crime (Cambridge Dictionary) (trans. Sentencing of an "environmental violator": punishment, guilt and environmental crime).

It should be noted that the most common color components in English legal phraseology correlate with the lexeme "collar", while this element of clothing in combination with a certain color creates stable images of hierarchical nature in the minds of linguocultural speakers. The color lexeme "white" as part of the phraseological unit "white-collar crime" ("official crime") is opposed to the lexeme "blue", incorporated into the phraseology "blue-collar crime" ("blue collar crime"), while the affiliation of the person who committed the crime to a certain social class or professional community is updated.

"White-collar crime" – "a non-violent, financial crime committed by a white-collar worker, typically involving the abuse of his or her professional status or expertise (a nonviolent financial crime committed by an official, usually associated with the abuse of his or her professional status or experience).

The various kinds of 'white collar crime' are hard to detect—income-tax avoidance, bogus expense claims and complex business illegalities (Macmillan English Dictionary) (trans. Various types of "official crime" are difficult to identify – income tax evasion, fictitious claims for reimbursement of expenses and serious business crimes). "Blue-collar crime" is a crime normally of a small scale nature in contrast to "white–collar crime", and is generally attributed to people of the lower class (crime is usually small-scale in nature, unlike "official crime" and refers to representatives of strata occupying lower social hierarchies positions). In addition, the phraseology "blue collar" in English legal discourse represents a criminal serving a prison sentence: "blue-collar" – designating a prison inmate who wears a blue collar as a sign of good conduct (designation of a prisoner who wears a blue collar as a sign of good behavior).Under the new regulations men who had reached the "blue-collar" stage – that is, who have done three full years in prison with good conduct – were allowed to walk and talk together on Sunday afternoon (Oxford English Dictionary) (trans. Under the new rules, men who had reached the "blue collar" stage, that is, who had served three full years in prison on condition of good behavior, were allowed to walk and talk to each other on Sunday afternoons).

The expression "pink-collar crime" (pink collar crime) was introduced by criminologist Kathleen Daly in the 1980s to describe crimes of the type of theft committed by women due to limited opportunities (mainly in the field of nursing, hairdressing, secretarial work) - an embezzlement type crime that typically is committed by females based on limited opportunity (as nursing, hairdressing, secretarial work, etc.).Because of the fact pink-collar crime involves women taking from their acquisitions involved in small businesses or other organizations, performing most often embarrassment, a critical component is considered to be a breach of trust (Oxford English Dictionary) (trans. Due to the fact that pink-collar crimes involve women who take money from their friends who are engaged in small businesses or work in other organizations, most often committing embezzlement, abuse of trust is considered a critical component).

Consider a phraseological unit with the color component "red": "red-hand" – in the act of committing a crime; bearing clear evidence of having just committed a crime ("capture in the act" – at the time of the commission of a crime; the presence of clear evidence of a crime that has just been committed). This phraseology, which came into use in the XVI century, had a direct meaning, namely, to be caught in the act of a crime with hands stained with blood. Currently, due to metaphorical transformation, the expression is not always used literally; it mainly has the form "to be taken red-handed".The offender was taken "red-handed" (Oxford Dictionary of Idioms) (trans. The criminal was caught "red-handed").

Phraseological units with the color lexemes "grey", "yellow", "golden" and "silver" have less representation in legal discourse. The lexeme "grey" is also undergoing metaphorical reinterpretation in the minds of native speakers as part of various legal phraseological units, where gray represents the elderly: "grey panther" is an activist organization which seeks to promote social justice and the interests and rights of elderly people ("grey panther" is an activist organization that seeks to promote social justice and the interests and rights of elderly people justice, interests and rights of the elderly).The country has a few grey panthers stalking the land, but to little effect (Oxford English Dictionary) (trans. There are several grey panthers in the country, actively promoting, but without much effect).

A number of phraseological units that verbalize labor relations in legal discourse include the color lexemes "golden", "silver" and "yellow", for example: "golden goodbye" – a substantial sum of money offered to an employee as compensation for dismissal or compulsory redundancy, or as an inducement to take early retirement ("golden parachute" is a significant amount of money offered to an employee as compensation for dismissal or forced downsizing or as an incentive for early retirement); "silver handshake" is a gratuity given on retirement or as compensation for dismissal from one's occupation ("silver parachute" is a monetary reward when retirement or as compensation for dismissal from work). A fashion retailer sacked its flamboyant boss with a golden goodbye worth over $1.8m) (Dictionary and Thesaurus by Merriam-Webster) (The fashion retail chain terminated its employment contract with its boss, providing a golden parachute worth more than $ 1.8 million). A little silver handshake, a little farewell party (Oxford English Dictionary) (trans. a small silver parachute, a small farewell party).

The phraseology "yellow union", which means "yellow trade union", was formed taking into account extralinguistic factors, namely due to the yellow color of the badges of the participants of the first trade union organizations defending the interests of employers.We submit to the yellow unions, that are cooperating with the state to pester members to return to work outside an agreement, to desist from these desperate attempts (Oxford English Dictionary) (trans. We obey the yellow trade unions, which, in collusion with the state, persecute members of the organization in order to return them to work outside the agreement in order to distract from these desperate attempts).

It is advisable to turn to a quantitative analysis of the composition of phraseological units of English legal discourse with the identified color components. The results of the study are presented in Figure 1.

Figure 1 Quantitative representation of English legal phraseological units with color elements in their composition

As Diagram 1 shows, according to phraseological dictionaries, most of the English phraseological units with the designation of color, implemented in the outline of the legal sphere of communication, are expressions with the color lexemes "black", "blue", "green", "white" (18%, 18%, 13%, 13% accordingly), which belong to the category of the main ones. Phraseological units with the color elements "red", "golden", "silver" are less represented" (11%, 9%, 7% accordingly). The smallest number of identified examples contain the color components "pink", "grey", "yellow" (4%, 4%, 3% accordingly). Unlike the English legal discourse, enriched by a variety of color meanings in phraseological units, in the Russian language the color component in legal phraseological units is not so widely represented: "black", "white", "gray", "red". Most of the examples were included in the phraseological fund of the language by calculating the original expressions from other languages. The group of phraseological units with the color elements "black" and "white" has the greatest quantitative representation, for example: "blacklist", "white salary".A blacklist of adoptive parents and guardians will appear in Russia (State Duma, 2019).

A white salary is the right of every employee and the obligation of the employer (Federal Tax Service, 2022).

As follows from the examples, the lexemes "black" and "white" are emotionally colored elements of phraseological units, directly opposed to each other, where "black" is associated in the minds of native speakers as something illegal or criminal, and "white", on the contrary, symbolizes compliance with laws and norms.

Phraseological units with the color designation "gray" and "red" are less common in legal discourse. By means of the color element "gray" in the phraseological unit "gray salary", shadow income is expressed, which is only partially official.

By agreeing to pay a "gray" salary, an employee risks not getting a loan from a bank, since a certificate confirming official earnings is required to apply for a loan (Federal Tax Service, 2017).

The color element "red" in legal discourse indicates those boundaries that cannot be crossed.

Taking into account the above norms, the courts made a reasonable conclusion that the establishment of red lines should be carried out taking into account the existing development (Urban Planning Code of the Russian Federation, 2022).

Let us turn to the quantitative analysis of the composition of phraseological units of the Russian legal discourse with the identified color components. The results are shown in Figure 2.

Figure 2 Quantitative representation of Russian legal phraseological units with color elements in their composition

According to Figure 2, a greater number of phraseological units include the color lexemes "black" and "white" (47% and 46%, respectively), a group of phraseological units with the color elements "gray" and "red" (4% and 3%, respectively) has a lower representation.

Conclusion

Thus, the conducted research allows us to conclude that phraseological units with elements of color meanings are widely used in legal discourse, reflecting the real picture of the compared linguistic cultures. According to the phraseological dictionaries of English and Russian, English phraseological units have a greater representation in legal discourse. A significant advantage is noted both in the categorical diversity and in the quantitative predominance of the selected units in the compared languages. The diversity, development, historicism of the English legal system is expressed in the presence of a sufficiently high phraseological activity, including the involvement of color symbols. In the Russian phraseological picture of the world, the color designation in legal discourse is not so widely represented. The studied phraseological units represent national and cultural markers of the legal consciousness of representatives of the compared linguistic cultures. Due to the extralinguistic characteristics of the phraseological fund of languages, the lack of desire to assess the realities in the system of Russian legal concepts, in contrast to English phraseological units with a connotative load, is revealed.

This study opens up prospects for the analysis of color designation as part of phraseological units functioning in the legal discourses of other related languages, for example, French and Italian.