Subject of legal linguistics
СОДЕРЖАНИЕ: Characteristics of Applied Sciences Legal Linguistics and its main components as part of the business official Ukrainian language. Types of examination of texts and review specific terminology used in legal practice in interpreting legal documents.Contents
1. Legal linguistics as a branch of linguistic science and academic discipline
2. Aspects of interaction between language and law
3. Basic components of legal linguistics
legal linguistic terminology language
1. Legal linguistics as a branch of linguistic science and academic discipline
The concept of continuous postgraduate education involves, on the one hand, deepening the knowledge oderzhuvalysya while studying, on the other - to achieve a fundamentally new level of education, namely the combination of information from multiple sciences. Course: Legal Linguistics is applied disciplines, which is based on Business Ukrainian language, to integrate knowledge from linguistics, theories of state and law, constitutional law, criminology, etc. Thus, the purpose of this discipline - to give the systematic knowledge of legislative regulation of the functioning of different languages and variants of one language, means the language used to create the legal texts, the Ukrainian legal terminology and more.
Legal studied linguistics a language that operates in the fields of law enforcement, court notaries, legal documents, legal scholarship and education, legal information and journalism. It defines the function and specificity of language rights, its main types and genres, creating a system of rules and interpretation of legal texts.
The task of legal linguistics:
1) language study legal issues in historical perspective,
2) provision of legal practice with special linguistic knowledge,
3) the development of linguistic expertise of conducting non-law texts,
4) ensuring the linguistic expertise of draft laws, decrees, regulations, etc.,
5) normalization terminology language of legal science,
6) improving the culture of law broadcasting institutions of employees and others.
2. Aspects of interaction between language and law
Two aspects of the study and description of the Ukrainian language in legal and legislative area of modern Ukraine, reflecting the interdependence and mutual influence of language and law:
The first aspect (yuryslinhvistyka - the right language serves) legal studies (legislative, legal) problems with language, its functioning and development in various areas of communication. Yurydyzatsiya language has different manifestations:
1) yurydyzatsiya as acquiring legal status of languages, primarily becoming a state in the Ukrainian language, etc.
2) linguistic phenomena are subjected to pretrial or trial (examination) in cases where such phenomena come to the area of jurisdiction of certain laws and their legal needs assessment. For example, linguistic expertise non-law texts:
1) avtoroznavcha examination (Sholokhov);
2) hrafolohichna examination;
3) examination of disputed texts in order to establish infringement of one person by another (honorable dignity.);
H3) elements are included within the scope of legal language as the specialized terminology, which is a special substyle Ukrainian. Stages yurydyzatsiyi language:
1) the official correspondence of ordinary citizens,
2) transfer ordinary citizens in legal language skills while logging,
3) entry of elements of language in legal texts of various types,
4) terminologization varying degrees.
The second aspect (linhvoyurystyka) is associated with how it serves the right, being part of it:
1) Ukrainian language is a system of legal techniques, ie techniques of legal texts. Typical errors linhvoyurydychnyh law rules of language (language and speech errors in registration laws and the like, semantic vagueness of definitions, inaccurate and ambiguous wording, etc.).. Current need for a systematic introduction linhvoyurydychnoyi examination of all kinds of laws at the following stages: during their assembly, while adopting appropriate legislative or executive, during implementation, particularly conflicts between subject and object of law and consideration of similar cases courts in different jurisdictions.
2) linguistics is part zakonozastosuvalnoyi technology for culture, language lawyer, rhetorical technique;
3) legal hermeneutics - the interpretation of formal legal texts from linguistic point of view.
3. Basic components of legal linguistics
Clearly, there is no need to give future lawyers a linguistic knowledge which allows for the students-philologists. But considered necessary in the new programs reflect the following:
1. Emphatic Syntax component.
Sociolinguistics - a branch of linguistics that studies language in conjunction with the social conditions of its existence.
Emphatic Syntax component explores ol: language as a social phenomenon, the functions of language, the specificity of the legal functions of language, place of language in the total complex of human rights, social conditions, environment and areas of language, literary language and social dialects, the legal principles of functioning of languages in Ukraine, etc. others.
One of the first recorded observations in writing, which shows the necessity of language in the context of its functioning in society, belongs to 17 century. and is the teacher of the University of Salamanca in Spain, Gonzalo de Koreas: It should be noted that this is also the dialects prevalent in the provinces, some variations associated with age, position and property of residents of the provinces: there is a language of rural inhabitants, commoners, townspeople, noble lords and courtiers, historians, elder, preacher, wife, husband, and even small children. The term C. first applied in 1952 an American sociologist Herman Curry.
One of the key concepts of AS is the language situation - a set of forms of existence of language, which serves the continuum of communication in a particular ethnic community or administrative-territorial association.
Types of language situations:
1) endohlosni - operates several subsystems of one language (territorial dialects sotsiolekty);
2) ekzohlosni - a set of multiple languages of communication in society;
3) mixed.
Parameters characteristic of the language situation:
1) degree riznomovnosti in the region;
2) the degree of genetic closeness of languages, operating in the region;
3) the proportion of speakers using different languages;
4) presence or absence of standardization and normalization;
5) assessment of the situation by speaking of different categories.
Language policy - the deliberate and purposeful leadership of the social language activities and impact on the everyday speech of its improvement as an essential means of communication and the overall index of human culture.
Factors that are important in terms of language policy:
1) norms and stylistic differentiation of literary language;
2) vzirtsevist language print and electronic media, government documents, parliamentary speeches, speeches of leading political figures;
3) improve the language culture in middle and high school;
4) systematic and systematic promotion of linguistic knowledge in print, on radio, television;
5) (for multi-country) taking into account the problems of multilingualism and the official state language, taking into account the linguistic rights of ethnic minorities;
6) establishment of community and government organizations designed to monitor and adjust the state language policy, the introduction of the language police (in France).
The functioning of languages in Ukraine is regulated by a number of regulations and departmental documents, content often is controversial:
1) Constitution of Ukraine;
2) Law of Ukraine On Languages in Ukrainian SSR on 28/10/1998;
3) The decision of the Constitutional Court of Ukraine concerning official interpretation of Article 10 of the Constitution of Ukraine from 14.12.1999 № 10-rp/99;
4) international instruments which define the functioning of languages in various spheres of existence of society and ratified by Ukraine (European Charter for Regional or Minority Languages of 05.11.1992, ratified by Law of 15 May 2003; Framework Convention for the Protection of National Minorities of 1 February 1995, ratified by Ukraine 9 December 1997 agreement on issues related to restoration of rights of deported persons, national minorities and peoples, signed on October 9, 1992 representatives of the Commonwealth of Independent States in Bishkek and ratified by Ukraine on December 17, 1993 ; Convention on the rights of persons belonging to national minorities, signed October 21, 1994 in Moscow by the Commonwealth of Independent States with the participation of Ukraine);
5) departmental documents.
The official language - a language or tradition enshrined by law, the use of mandatory in public administration and spravochynstva, civil agencies and organizations, enterprises, public institutions in education, science, culture, public relations and computer science.
About half the countries in the world are national languages. Some (such as Albania, France, Germany and Lithuania) is the only official language. In some - they are few (eg, Belarus, Belgium, Canada, Finland, Afghanistan, Paraguay, Bolivia, India, Switzerland).
In a number of countries (Iraq, Italy, Spain, Russia) there is one official language for the whole country and the state language for certain regions (eg, Tatar language in Tatarstan). Some countries like the U.S., have no official language for the whole country, but have the following for some of its regions, such as states in the U.S. Finally, in some countries the concept of national language altogether absent, for example in Australia, Luxembourg and Sweden.
Some countries (African countries) as a legacy of colonial past remain the official language and language learning (eg, French or English) that are not national languages of the population or at least the languages spoken on the majority population. In contrast, the nationalist tendencies in Ireland led to the Irish language which says the minority population is the national language and the first official language of this country. English language which speaks most people named in the Constitution of Ireland only as a second language.
Do not confuse the state language and officially recognized minority languages, which can be conducted and training that can be used in spravochynstvi. Many controversies concerning the delimitation of the state language and the official language have in Ukraine. Thus, on the one hand, the Constitutional Court of Ukraine Resolution № 10-rp/99 on December 14, 1999, identified these concepts: When the state (official) language course language, which the state granted the legal status of mandatory means of communication in public spheres of social life . On the other hand - according to paragraph 2 of the Law of Ukraine On ratification of the European Charter for Regional or Minority Languages № 802-IV of 15.05.2003 [1] Charter provisions applicable to such languages of national minorities of Ukraine: Belarusian, Bulgarian, Gagauz, Greek, Jewish, Crimean Tatar, Moldavian, German, Polish, Russian, Romanian, Slovak and Hungarian. These languages allowed documents and testimony in civil cases and cases of administrative violations, and if necessary take the help of an interpreter. In criminal cases is not allowed rejection of the appeal decision or public testimony on the grounds that they contained a regional language or minority language. Local or regional authorities to allow and / or encourage the publication of official documents, except the official language, regional language or minority language. They may use this language in the debate in the sessions of their representative bodies, that does not exclude the possibility of using such cases in the state language.
2. Documentary linguistics.
Documentary linguistics research object as a component of overhead is:
1. Features official-business style of language.
2. Language laws and regulations in terms of compliance are investigated.
3. Legal-linguistic interpretation (hermeneutics): the notion of linguistic interpretation of legislative texts and regulations, separation of systematic, historical, linguistic and targeted ways to interpret the content of legal norms, the specificity of the processes of perception when dealing with legal texts.
4. Linguistic examination of draft laws and regulations.
3. Legal psycholinguistics.
The object of research as an integral transmission: language abilities of human normal and in pathology, speech in an altered state of consciousness, the ratio of legal language and behavior of individuals, verbal means of influence on a person and a group of people in situations that may have legal consequences, truth and falsehood in verbal picture of the world.
4. Linguistic expert study.
Forensic Examination - an independent procedural form a new and refinement (test) the available evidence.
Consideration are: speech rights as a source of information about it; general notion avtoroznavchoyi and expert examination of speaker, the linguistic requirements for the preparation of materials for examination; possibilities of language skills for identifying and diagnosing people with her speech.
The international expert study (by Elena I. Halyashynoyu):
1) identification and diagnosis of individual speaker, regardless of the context and the language track recorded speech;
2) automated validation of the work of speech, recorded on a phonogram;
3) restoration and filtering of speech signals subjected to distortion and noise masking and other obstacles (including music, voice);
4) check stability meaningful verbal and acoustic information to the deliberate distortion or hardware speech signal;
5) authorization of written text;
6) automated procedures for determining attribution (accuracy, authenticity) of the text and identification by speech-writing work;
7) diagnosis by a speech-writing work;
8) written verification of legal translation and interpretation work.
Types of offenses, the specificity of which is that they are committed through the use of verbal activity: an attack on honor, dignity, reputation, insult, slander, calling for violent change of constitutional order, threats and extortion, according to known false information about terrorist attacks and more.
2. The main types of examinations conducted by the expert agencies, are:
2.1 Criminalistics: handwriting; avtoroznavcha; technical examination of documents. (Instruction on the appointment and conduct forensic examinations approved by the Ministry of Justice of Ukraine from 08.10.98 N 53 / 5)
Research and guidelines on the preparation and use of forensic expertise.
Handwriting expertise.
1. The main task is to identify handwriting expert handwriting artist, digital records (hereinafter - the manuscript) and signature. This expertise and solve some neidentyfikatsiyni objectives (establishing the fact of the manuscript in unusual circumstances or strange artist, intentionally altered handwriting of imitation (simulation) handwriting of another persons sex performer, and his affiliation to a group of age). An indicative list of issues solved whether the manuscript by a certain person? Have made several manuscripts by one person? Do not intentionally written manuscript handwriting changed? Do not completed the manuscript in unusual circumstances? Are not there was a person who completed the manuscript in an unusual condition? Do not have a person who completed the manuscript, writing skills with special fonts? Similar questions can be solved and perpetrators of signatures. Person whose gender written manuscript? To what age group is executor of the manuscript? Avtoroznavcha examination 17. The main task is to identify avtoroznavchoyi examination by text. Avtoroznavchoyu expertise can also be set (most likely in the form) some socio-biographical characteristics by the text (his native language, education, scientific knowledge, business or other functional style languages, etc...) An indicative list of issues solved if a particular person is the author of this text? Is there a particular person is the author of several different texts? Is the text are indications of socio-biographical characteristics of its author? If there is, what exactly?
The task of forensic linguistic research:
- Identification (differentiation) of the author of the document;
- Identification or differentiation of the author and artist text;
- The socio-demographic portrait by anonymous or psevdonimnoho document (establishing gender, age, educational level, professional affiliation, social status, range of interests, hobbies, language, place of language skills);
- Definition of psycho-physiological condition at the time of writing a speech message;
- Diagnosis of pathologies sustained speech-language thought processes by post;
- Complex tasks associated with design and implementation of the selection of evidence, the processing of other documentation, which appears at the course of the investigation and proceedings;
- The complex issues concerning content analysis of texts and other evidence., Which are described in the text;
- Establishment of plagiarism (availability editorial corrections, literary and artistic treatment, etc.);
- Establishing the fact and type of masking of speech situation;
- Defining the text of such conditions as the use of computer file-source materials, reference books and more.
5. Language of Legal Science.
History of scientific style in the areas of law, language and style of modern scientific and legal texts, standards of language processing of scientific works; regulation of language training and preparation of scientific and technical work in government regulations and standards, linguistic and stylistic features of scientific works of different genres and their composite parts;
Legal terminology - general term concepts and terminology, the specificity of legal vocabulary, etymology and semantics of basic terms, classification and stratification of the legal terms of modern literary Ukrainian.
6. Language of legal journalism.
The content and purpose journalistic texts, the impact of legal journalism to social and legal thought and respect for linguistic and stylistic terminology standards in journalistic texts, use of correct and incorrect means of influence in journalistic texts.
7. Deontological.
Ukrainian speech etiquette, rules of behavior in the professional activities of lawyers, legal and communicative deontyka broadside.