scholarly journals Contextual definitions and their applicability in the language of law

2019 ◽  
pp. 11-20
Author(s):  
V. V. Ogleznev
Keyword(s):  
Philosophy Of Science ◽  
Legal System ◽  
Legal Language ◽  
Legal Science ◽  
Contextual Definition ◽  
Basic Concepts ◽  
Points Of View ◽  
Characteristic Area ◽  
Legal Concepts ◽  
Area Of Application

Contextual definitions within the framework of modern logics and philosophy of science are widely used and explained. Moreover, they have acquired an independent epistemological meaning, along with other types of definitions. However, in the humanities, their applicability has been questioned and challenged many times. The author, on the contrary, substantiates the premise that the effectiveness of contextual definitions, in particular in the legal language, is not lower, and sometimes even much higher than the effectiveness of generic definitions. In a contemporary, especially western legal science, Bentham’s and Harts’s points of view that the contextual definition is opposed to the genetic definition continues to dominate, and the latter in relation to the analysis of legal concepts is recognized as ineffective and unproductive. The author is of the opinion that these two types of definitions may well coexist and in some sense complement each other, taking into account different areas of their applicability. The main and most characteristic area of application of contextual definitions, according to the author, are the constitutional rules of law. Constitutional rules of law in this approach are considered as contextual definitions of the basic concepts by which other rules of law in the legal system are formulated. Contextual definitions are very useful when we need to clarify the very general concepts and terms that can be found, for example, in the text of the Constitution. As a result, the defined terms become semantically meaningful, and their use in the legal language becomes syntactically consistent.

scholarly journals The Nature and Potential Applications of Contextual Definition in Philosophy of Law

2021 ◽  
Vol 32 (1) ◽  
Author(s):  
Vitaly Ogleznev
Keyword(s):  
Modern Philosophy ◽  
Philosophy Of Language ◽  
Philosophy Of Law ◽  
Legal Language ◽  
Legal Rules ◽  
Legal Science ◽  
Potential Applications ◽  
Contextual Definition ◽  
Legal Concepts

The paper analyses the nature and potential applications of contextual definitions in modern philosophy of language and jurisprudence. It is shown that the distinction between a contextual definition and a genus–differentia definition proposed by some legal philosophers, where the latter is considered ineffective and unproductive in analyzing legal concepts, is sometimes deceptive. The weaknesses of the argument about this distinction are shown by examining the constitutional legal rules, which can be considered an example of the application of contextual definitions in legal science. On the basis of this claim, it is shown that these two types of definition may well coexist at least in legal language and in some sense complement each other when different areas of their applicability are taken into account.

scholarly journals Translation as a Catalyst in the Development of Modern Chinese Legal Language

2021 ◽  
Vol 45 (1) ◽  
pp. 39-60
Author(s):  
Deborah Cao
Keyword(s):  
Legal System ◽  
Cross Cultural ◽  
Cultural Communication ◽  
Legal Language ◽  
Cross Cultural Communication ◽  
Modern Chinese ◽  
Western Law ◽  
Legal Concepts

AbstractThis paper focuses on the translation of legal language and the development of modern Chinese legal language as a translated legal language. It first describes the historical contexts in which China underwent enormous and unprecedented social and political changes including changes to law in the late 1800s and early 1900s. It then discusses how translation played an important catalyst role in introducing Western law, legal practices, legal concepts and terminology in the emerging modern Chinese legal language as we know it today, and in the process, lent a helping hand in negotiating China’s transition to modernity through translation and creating a new legal language and legal system. It also considers the issues in translingual and cross-cultural communication and understanding translated Chinese legal language.

Peculiar Features of Terms Word Combinations in the Criminal Code of Ukrainian Language

2019 ◽  
pp. 206-212
Author(s):  
Iryna Tsarova
Keyword(s):  
Legal System ◽  
Structural Models ◽  
Criminal Code ◽  
Modern World ◽  
Semantic Structure ◽  
Criminal Prosecution ◽  
Legal Language ◽  
Communication Needs ◽  
Legal Concepts ◽  
Specialized System

The article analyzes the structural models of terminological phrases of the Criminal Code of Ukraine. The essence of the phenomenon of the term “terminological phrases” is determined; attention is paid to the fact that terminological phrases are noted by the constant character of the structure. The paper describes the features of legal language as a specialized system of legal concepts, which provides communication needs in the field of legal science and practice. Attention is focused on the study of the semantic structure of the Ukrainian legal terms. From this perspective it is important to make complex typological analysis of the term system of the Ukrainian language legal on the basis of termmaking processes of the modern world. The researches of the Ukrainian legal borrowings of terminological legal system of term elements of other languages due to different historical conditions and traditions are connected with mentioned above is the result of from above research. Term-words by lexical and grammatical affiliation are divided into nouns, adjectives, verbs and adverbs. Terminological phrases can be two-, three-, four- and multi-component “criminal prosecution”.

The question-view of logos

2017 ◽  
Author(s):  
Michel Meyer
Keyword(s):  
Sufficient Reason ◽  
Basic Principles ◽  
Integrative View ◽  
Basic Concepts ◽  
Points Of View ◽  
New View

Chapter 2 redefines the three basic concepts of any rhetoric: ethos, logos, and pathos. It relates these elements to the questioning process by which they are rhetorically linked. Special attention is given to logos as a way of answering and expressing questions. This leads to the development of a radically new view of language and the principles of thought. The passage of a propositionalist view of language and reason, indifferent to questioning, to a problematological one, based on questioning is studied through examples of sentences. This leads to an integrative view, in which texts are also seen as answers to questions taken up (partially, i.e. as points of view) by the audience or the reader. The chapter ends with a reformulation of the basic principles of thought (identity, sufficient reason, and non-contradiction) as the three principles necessary to deal with questions, answers, and their relationship.

scholarly journals From Norms to Facts: The Realization of Rights in Common and Civil Private Law

2011 ◽  
Vol 56 (1) ◽  
pp. 77-114 ◽  
Author(s):  
Helge Dedek
Keyword(s):  
Legal System ◽  
Deep Structure ◽  
Common Law ◽  
Social Reality ◽  
Judicial Decision Making ◽  
Legal Traditions ◽  
The United Kingdom ◽  
The Common ◽  
Legal Concepts ◽  
The Ideal

Every legal system that ties judicial decision making to a body of preconceived norms has to face the tension between the normative formulation of the ideal and its approximation in social reality. In the parlance of the common law, it is, more concretely, the remedy that bridges the gap between the ideal and the real, or, rather, between norms and facts. In the common law world—particularly in the United Kingdom and the Commonwealth—a lively discourse has developed around the question of how rights relate to remedies. To the civilian legal scholar—used to thinking within a framework that strictly categorizes terms like substance and procedure, subjective right, action, and execution—the concept of remedy remains a mystery. The lack of “remedy” in the vocabulary of the civil law is more than just a matter of attaching different labels to functional equivalents, it is the expression of a different way of thinking about law. Only if a legal system is capable of satisfactorily transposing the abstract discourse of the law into social reality does the legal machinery fulfill its purpose: due to the pivotal importance of this translational process, the way it is cast in legal concepts thus allows for an insight into the deep structure of a legal culture, and, convergence notwithstanding, the remaining epistemological differences between the legal traditions of the West. A mixed jurisdiction must reflect upon these differences in order to understand its own condition and to define its future course.

Conflicts of Law: Reconsidering the Influence of Religion on Law in Massachusetts Bay

Numen ◽  
1996 ◽  
Vol 43 (2) ◽  
pp. 139-156 ◽  
Author(s):  
Elizabeth Dale
Keyword(s):  
Seventeenth Century ◽  
New England ◽  
Legal System ◽  
First Generation ◽  
Single Point ◽  
Massachusetts Bay ◽  
Governing System ◽  
Practical Effect ◽  
Points Of View ◽  
Practical Impact

AbstractThe idea that there were different points of view in seventeenth century Massachusetts Bay is not a new one. Several recent studies have undermined Perry Miller's monolithic “Puritan Mind”—demonstrating there were many strands of thought even among the nominally orthodox, and suggesting that we think of the settlers in New England as members of a movement with many ideas, rather than holders of a single point of view.While the idea that there were divisions within the category of Puritan is not a new one, the extent to which that ideological pluralism had a practical impact on the Bay colony's institutions, from its families to its governing system, has not yet been explored. This paper is a preliminary effort to demonstrate how ideological pluralism led to different conceptions of law, and had a practical effect on the legal system developed in the first generation of settlement in Massachusetts Bay.

THE CONCEPT AS THE OBJECT OF STUDY OF LINGUISTICS

2020 ◽  
Vol 72 (2) ◽  
pp. 236-242
Author(s):  
K. Galiyeva ◽  
◽  
S. Isakova ◽  
Keyword(s):  
Cognitive Linguistics ◽  
Point Of View ◽  
Subject Areas ◽  
The Subject ◽  
Basic Concepts ◽  
Points Of View ◽  
Definition Of ◽  
Object Of Study ◽  
Linguistic Phenomenon ◽  
Scientific Fields

The article is devoted to the definition of concept in modern linguistics. Various points of view and definitions of the basic concepts are considered: "concept", "conceptual sphere", "content". The aim of the article is to describe and explain such a complex unit as a concept from the point of view of linguistics. The object of research is studied in its various manifestations, the combination of verbal and nonverbal means of information expression in the conceptual sphere is revealed. the relevance of this topic is due to the need for a detailed consideration of the concept of concept based on the works of prominent scientists and linguists. Researchers treat the concept as a cognitive, psycholinguistic, linguocultural, cultural and linguistic phenomenon. The concept is an umbrella term because it "covers" the subject areas of several scientific fields: primarily cognitive psychology and cognitive linguistics.

scholarly journals Fundamentos del método científico

2017 ◽  
Vol 1 (1) ◽  
Author(s):  
M. H Badii ◽  
A. R. Pazhakh ◽  
José Luis Abreu Quintero ◽  
R Foroughbakhch
Keyword(s):  
Data Collection ◽  
Research Methodology ◽  
Literature Search ◽  
Ethical Issues ◽  
Scientific Work ◽  
Scientific Methodology ◽  
The Subject ◽  
Basic Concepts ◽  
Points Of View ◽  
Subject Material

Palabras claves: Ciencia, ECOEE, investigación, métodosResumen. El objetivo de esta obra no radica en realizar una búsqueda exhaustiva de la literatura en el tema, sino, sentar las bases del método científico, notando los aspectos filosóficos e éticos de la ciencia. Se presentan los conceptos y definiciones fundamentales relacionados con la metodología de la investigación científica. Se maneja el concepto de la toma de los datos válidos como un requisito básico en cualquier trabajo científico. Se pone a disposición del lector un modelo denominado el ECOEE que es una herramienta poderosa para establecer puntos de comparación e discusión entre los resultados de diferentes trabajos científicos. Finalmente, ofrece unas sugerencias de que hacer o no hacer en cuanto a realizar un trabajo de investigación.Key words: ECOEE, methods, research, Science Abstract.The aim of this paper is not to conduct a thorough literature search on the subject material, but to stress the fundamentals of the scientific methodology along with the philosophical and ethical issues thereof. The basic concepts and definitions in relation to research methodology are presented. The concept of data collection as a basic requisite in any scientific work is discussed. The ECOEE model as a strong tool in establishing different points of view and comparison among the results of different scientific works are laid out. Finally, some tips and suggestions are given as what to do or to avoid in conducting scientific research.

scholarly journals СТАНОВЛЕННЯ ПАРАДИГМИ МІЖНАРОДНОГО ПРОЦЕСУАЛЬНОГО ПРАВА У ПОСТРАДЯНСЬКІЙ ПРАВОВІЙ НАУЦІ

2019 ◽  
Vol 13 ◽  
pp. 159-165
Author(s):  
Т. О. Анцупова
Keyword(s):  
Legal System ◽  
Procedural Law ◽  
Legal Science ◽  
International Legal System ◽  
Philosophical Understanding

Домінуючою в сучасній науці міжнародного права пострадянського простору є нау­кова позиція, відповідно до якої ототожнюються «міжнародний судовий (юрисдикційний) процес» і «міжнародне процесуальне право». Автор статті зазначає безперспективність такої позиції для розвитку міжнародної правової системи, схиляючись до загальнофіло-софського уявлення про процес як про комплекс послідовних дій або послідовних, змінюючих один одного, органічно взаємопов'язаних явищ.   The scientific position, according to which «International Legal (Jurisdictional) Process» and «International Procedural Law» are identified is dominated in the modern international legal science on post-Soviet area. The author points out the futility of such a position for the development of the International Legal System, tending to the philosophical understanding of the process as complex sequential, successive, organically interrelated phenomena.

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