Mikhaela Onofreychuk

Chernivtsi National University

THE ANALYSIS OF A LEGAL TEXT

In the formulation, interpretation and formulation of law, language  plays an essential role. It is the medium, the process and the product in all kinds of legal activities. An important task in legal knowledge management, and indeed in almost any type of legal work, is therefore the management of legal documents.

The interest of linguists in English legal discourse is relatively recent and regretfully scarce as yet. Due to this central role of the legal text , the aim of legislation system is to make the linguistic forms in the text itself , first and foremost, explicit and precise and, secondarily, flexible and condensed.

Although legal language has both a written as well as a spoken form, for the purposes of this analysis two specific written forms were selected, namely international contracts between European Union and Ukraine. Contents of contract also have specific clauses, and they ensure division of contracts into certain types in accordance with a side initiating a deal, a sphere of making a deal, types of goods and their delivery terms. Very often a way of deliverance is encoded with the help of special abbreviations. Contracts also possess remarkable linguistic features revealed in their texts.

The analysis of a legal text presupposes its division into different levels [3, с.15]:

1. Intra-discourse level.

a. Textual level, that includes the formal study of the text and would account for lexical and syntactic features;

b. Discourse level, including the strategies to achieve cohesion and coherence in the text.

2. Inter-discourse level, linking the above features in the text to the rest of legislative texts.

As far as lexical terms are concerned, the texts of contracts show the appearance of typical features accounted for in other legislative texts, namely:

- technical terms or terms of art, i.e., words specific to the genre, as for example salvage, unseaworthiness, inure, assured or underwriter;

- common terms with an uncommon meaning such as average (in the context of marine insurance meaning "partial loss") or attachment (here, the enforcement of the policy);

- words of Latin (operators, negligence, belligerence), French (default, damage, claim, force, commencement) and Old English (therein, hereunder, ) origin; doublets, like cost and expense, normally partial synonyms, which are very usual in this register.

If we recall the syntactic characteristics of the text, contracts are defined as frozen, perpetual speech acts [3, с. 11] with an illocutionary force which holds independently from an implicit addresser (the insurer) and an addressee (the insured), who are subject to the terms or provisos- constitutive rules- of the contract itself. The words are performative – no constitutive rules, no contract – and are arranged in an apparent regularity with invariable order.

There are differences concerning the formal arrangement of the contract, as compared to other types of legislation. It has its own inherent organization, with titles and numbered sections,  coherent with the discourse realm itself. International agreements of a binding nature have a traditionally fixed invariant structure. They fall into three parts: the preamble, the main part and the concluding part. The language of international agreements is impersonal [4, c. 159]. The main functions of these documents are directive and regulatory. They are aimed at imposing obligations, conferring or restricting rights, freedoms, powers, etc. 

From the linguistic point of view, a contract is a type of a document, because any agreement is a completed document fixing some information. As a type of text, contract has its own specific characteristics. Stylistic peculiarities of all document texts are: concreteness, conciseness, clearness of the stated idea; high capacity of information; strict logic; clear rhythm of sentences; accenting on the main idea with the help of word repetitions; absence of connotational information; a special system of clichés and stamps; usage of abbreviations, conventional symbols and marks; usage of terms in their direct semantic meaning; preferential usage of monosemantic words; division of a text into chapters, paragraphs, points, often numbered (clear compositional structure of a document); usage of definite syntactic models; graphic decoration of a document: quality of paper, quantity and quality of illustrations, size and kind of print.

The main features of the style of contract are: steady system of linguistic means in the text of contract; lack of emotional colouring; decoding character of language; usage of a special symbolic system; definite syntactic structure

In our research we have tried to cast a glance at the overall characteristics of the Europenian Union contracts as a type of legislative discourse or genre. In doing so, our objective has been to highlight the importance that the peculiarities of  the legal text – as the communicating tool of a very specialised community – has differences that can be drawn between this type of discourse – with an international projection in large-scale business transactions today – and other kinds of written legislation.

A detailed analysis of the texts of international agreements makes it possible to draw the conclusion that communicative purposes of these documents as well as requirements and restrictions on their drafting are of crucial importance to the selection of language means and the ways of their usage.

References:

1.     Михайленко В.В., Микитюк І.М. A Reader in Discourse = Хрестоматія з дискурсу: навчальний посібник. – Чернівці: Рута, 2003. – 136 с.

2.     Зарума-Панських О.Р. Лексико-семантичні особливості текстів міжнародних договорів // Іноземна філологія. 1999. Вип. 111. С.144-149.

3.     Maley, Y. The Language of the Law // Language and the Law. London: Longman, 1994. – P. 11-25.

4.     Zaruma-Panskykh O.R. Some Syntactic Peculiarities of International Law Documents // Language Teaching: Classrom, Lab and Beyond.  5th National TESOL Ukraine Conference. - Vinnytsia, 2000. - P. 159.