A.Orazbaeva
c.p.s
A.Baitursinov
Kostanay state university
MAIN
PROBLEMS OF JURIS LINGUISTIC
Social function of the language is very
wide. Language is very important in cultural, religious, national, social
self-knowledge and political system. It
is generally known that language has close ties with psychology, history,
sociology, logics, philosophy and etc. on the basis of connection of the
language with different spheres following branches made: psycholinguistics,
sociolinguistics, ethno linguistics, cognitive linguistics etc. However, in the
linguistic literature legitimate aspect of the language that is to say
connection of language and jurisprudence is not considered as a form of
research.
Legitimate aspect of the language – is
the subject who connects linguistics and jurisprudence. Legitimate aspect of
the language has three directions:
1.Country’s jurisprudents theory and
practice questions turn into national scientific research process. In that case
juris linguistics experiments of foreign countries and countries of independent
states (Russia) should be taken into consideration. In the west European and
Russian literature linguistic aspects of low and right was widely discussed.
Especially germenevtica (the art of interpretation) and logic questions
actively acknowledged for consideration (interpretation, argumentation,
linguistic estimation and etc.). In that situation considering judicial aspect
of the language in national language is significant: “Main point and objective
of national language in Kazakhstan’s language policy – Kazakh language should
take part in the society life, examined, connected to its bearing measures,
publicity, create lows, according to the lows combine the language, stability,
approve central regulations of language life and etc. That is why exact and
genuine form of policy of national language gave opportunity completely
outlining linguistic assessment” [1].
2.
Social, political and language-communication to turn into theoretical
and practical significant matters. Juris linguistics by getting in scientific
stream causes political claim in the science of low, mass media and political
domains. Should give emphasis to that along with global importance of judicial
aspects of the language it has historical importance. Language requiring
“jurisdiction” appeared to be one of the social interactive devices. It is
planned to solve some matters of argument with “jurisdiction” which were
upraised by social communication.
3. Jurisprudential aspects of the language.
Juris linguistics that is to say it stresses the significance of consideration
legitimate language aspects theoretic and practical matters.
Linguistic and jurisprudence bound up
together in juris linguistics, now jurisprudence experts are working on juris
linguistic matters. Of course being professionals of jurisprudence their
research will be based on their knowledge in the low sphere, and linguistics
principles will be left aside or will be limited by mentioning connection of
jurisprudence to the linguistics. [2,348] this opinion is approved by our
Russian colleagues: “enormous amount of works are dedicated to study of
language and low texts where mentioned judicial speech, language rights and
problems of its improvement and etc.”
Language matters in jurisprudence known
as self-regulating research method in the division of linguistic science need
including it into scientific research process. Bearing in mind “Juridical” part
of language and juris linguistic questions, many works have a lot of divergence
in giving devotion to the linguistic peculiarities. Specifics of language divisions can be definite and accomplished
through linguistic methods. Only outcomes of linguistic researches take
language as a foundation of low, juris linguistics is mutual division of
linguistics and jurisprudence, the theory and practice requirement of its
objectives can be method of research, it shows not only our article but many
other works: “Analyze theoretical and practical questions on the edge of
language and low, linguistics and jurisprudence brings to imitations of
exceptional directions of scientific researches – of juris linguistics,- which
occupies the problems of interaction of normal language and juridical one,
essential low of language being and lows particularized by low for regulation
social conflicts related with language practice in unlike ranges of social
life”.
Mutual forms of juris linguistics and
lingua juristic are connection of language and low. Language connection to the
low well-thought-out by juris linguistics and low connected to the language
considered by lingua juristic.
In legitimate features of the language
primarily you can see juridical signs, normal language image assembled from
jurisprudence elements. Definition of language image is a few words and
language from rating. A few words form goes to elemental language form where
policy of language grammar is kept. As for language rating form, it belongs to
unique codified language form which responds to the requirements of grammatical
language low.
To get closer to the normal language
vision to the low divisions in the first place should be language and its
user’s social situation: “Language is fundamental social treasure, which
controls all methods of vital function of society, including human right
methods. Human rights normatively represent that conditions and vital functions
of the people which required for the normal functioning of individual, society,
state. Provision and stability of human rights depend on order and stability of
the right objectivities of which probable through language. In implementing the
most important communicative function language helps low to realize its main
regulative function. And this controlling preemptory function of positive low
determinate not only human rights but language functions, as long as language
“appeared to be the only material, origin from which created all the low
categories”.
Second, in
juris linguistic sphere composed on the basis of low documents and used in the
practice of jurisprudence normal language regulation questions belong.
List of literature
1.“Future and
problems of national language in legislation of Republic of Kazakhstan”
materials of Republic scientific-research. Astana, 2010.
2.N.N.Ivakina. Professional speech of lower: study material.1997.348p.