Филологические
науки, 6.Актуальные проблемы перевода.
К. филол. н., доцент Мартынова
Н.А.
ОрЮИ МВД России имени В.В.
Лукьянова, Россия
Interrelation
of language and law
Features of
the relationship between language and law have long been of interest to linguists
and lawyers.
The
dialogue of these scientific spheres, which began in Germany as early as the
beginning of the 19th century, has since expanded ever more, fueled by new socially
important topics. For example, in the seventies of the 20th century, the need
to create new language versions of legislation, which was held with the
participation of linguists, contributed to the strengthening of cooperation in
jurisprudence and linguistics.
In recent
years, one of the most important factors in the development of this dialogue is
the process of legal harmonization in the European Union, as well as the
development of trade and new means of communication, as a result of which, in
particular, attention is growing to the issues of interlingual communication in
the field of law.
The
division of science, called in the scientific literature "legal
linguistics" ("legal linguistics"), is engaged in questions of
language and law. The modern understanding of legal linguistics has
significantly expanded, as the requirements of modern linguistics have changed
over the years, a long path of development. In this regard, the relationship
between law and linguistics in the study of language issues in the legal field
has changed and the role of linguistic research in this field has significantly
increased.
Based on
the classification of the research group for the study of the language of law
of the Berlin-Brandenburg Academy of Sciences, it is possible to single out the
following major areas of study of the sphere of language and law in science:
1.
Communication in court - the language behavior of the parties before the court.
This broad area of research includes, in particular, questions of
rhetoric, stylistics, text linguistics, as well as various purely linguistic
aspects, for example, social and dialectal differences in the linguistic
behavior of communicators;
2. Legal
argumentation - the ways and means of expressing legal arguments by means of a
natural language, taking into account its multivaluedness, variability and uncertainty.
Legal logic is thus seen through the prism of the possibilities and properties
of language;
3. Judicial
linguistics - the study and development in the legal practice of technical
methods of investigation with the help of linguistics;
4. Language
norms in law - legal requirements for speech in court, the requirements for
legal translations, the issues of linguistic signs, for example, in the field
of the right to a name, the rights of trademarks, etc.
5. The
legal force of linguistic actions - the validity of laws and legal norms,
"the types of their linguistic marking," as well as special cases of
linguistic actions, for example, "criteria for the invective", etc .;
6. Criteria
for the interpretation of texts - the interaction of linguistic regularities
and extralinguistic criteria, which allow clarifying the meaning of the text,
such as legal culture, the communicative situation, the volume of knowledge of participants
in communication, etc.
It should
be noted that the role of these texts in the society is extremely high. Special
legal terminology cannot be limited to a set of particularly complex legal expressions
and words. [1]
The
official-business style serves the area of official business
relations, public policy, and the area of law. It is realized by
means of such types of texts as state acts, laws, decrees, regulations,
contracts, instructions, statutes, official messages, business letters,
receipts, various kinds of texts in institutions (certificate, application,
report, etc.). . The origin of the text, as well as its functioning, are
pragmatically oriented, since any text, including a legal text, is created when
a certain target setting occurs and functions in certain communicative
conditions. As a rule, either formal and business style is divided into two
sub-styles: legislative and clerical , or administrative-clerical or three
substructures: diplomatic lining, documentary lining and habitually business
lining. In this case, the diplomatic lining is represented in such No lyrics as
diplomatic note, a government statement. Documentary sub-style is represented
by such types of texts as codes, various acts that serve the official
documentary activities of state and public organizations, as well as citizens
as individuals. In business correspondence between institutions and
organizations, as well as in private business papers, there is an everyday
business underpinnings.
As for the
characterization of the legislative text, it must certainly be precise in its
content and at the same time understandable. Each language reflects the
features of the relevant legal system [2].The texts of laws are treated
differently than with any other kind of texts. Each law is in close connection
with others, therefore the linguistic concept of coherence is not enough to
describe the links in the law. The references in the law to other laws or to
parts of the text within the law itself indicate that laws are a special type
of organization of information that is characteristic of the activities of a
lawyer, developed by lawyers and having its own textual form. As for the status
of legislative texts in comparison with other legal texts, it should be noted
that if we consider legislative texts as texts of a higher rank, in particular
as a starting point for the interpretation of legal concepts, then legislative
terms can be regarded as a standard in relation to the language form , use and
content.
Of
undoubted interest is the study of the specifics of the use in the process of
organizing the legislative text of terms. The created terminology base allows
the specialist to effectively exchange information, and, consequently, to
effectively interact and fulfill his professional duties .
In modern
encyclopedic sources, terms (from the Latin terminus-border, limit, end) are
treated as words or combinations of words (complex or descriptive) whose
meanings are determined in the context of the corresponding scientific theory
(discipline) or in general in any branch of knowledge . In this sense, the
frequently encountered problem of clarifying the term presupposes their
definition, the elimination of homonyms and the mandatory fixation of the
universe of reasoning. The study of the classification of legal terminology
allows you to choose an adequate version of the name of the phenomenon when
translating professionally oriented texts [3].
The study
of the classification of legal terminology allows you to choose an adequate
version of the name of the phenomenon when translating professionally oriented
texts [4].
Terms are among the categories of linguistics,
but they give the meaning to the corresponding concepts that are a category of
logic. Between the concept and the term, as a rule, it is possible, the
presence of an intermediate link, namely: definition (definition) of the
concept. Since the term refers to a special concept of a particular sphere of
production, science or art, the legal term is the name of the concept in the
field of jurisprudence. Specificity of terms is, first of all, in their
brevity, accuracy, system conditionality and uniqueness. Special-legal
terminology can not be limited to a set of particularly complex legal
expressions and words.
Литература:
1.
Мартынова Н.А. Постановления конституционного суда
как пример процесса формирования терминологической лексики // Научный вестник
Орловского юридического института МВД России имени В.В. Лукьянова. 2017. № 2
(71). С. 158-160.
2.
Мартынова Н.А. Постановления конституционного суда
как пример процесса формирования терминологической лексики // Научный вестник
Орловского юридического института МВД России имени В.В. Лукьянова. 2017. № 2
(71). С. 158-160.
3.
Мартынова Н.А. Терминология как конститутивный элемент
научного текста: сопоставительный анализ англоязычного и русскоязычного
юридического дискурсов // В сборнике: Жанры и типы текста в научном и медийном
дискурсе межвузовский сборник научных трудов .ответственный редактор Пастухов
Александр Гавриилович. 2014. С. 158-167.
4.
Мартынова Н.А. Зависимость построения
терминологической лексики от правовой структуры страны (на примере английских и
русских юридических терминов) // Научный
вестник Орловского юридического института МВД России имени В.В. Лукьянова.
2015.№ 3 (64). С. 193-196.