scholarly journals Legal Discourse as a Multi-Dimensional Integrated Phenomenon and Legal Linguistics as a Syncretic Science

2021 ◽  
Vol 23 (1) ◽  
pp. 220-228
Author(s):  
A. L. Dedinkin
Keyword(s):  
Cognitive Linguistics ◽  
Scientific Literature ◽  
Legal Theory ◽  
Legal Discourse ◽  
Legal Documents ◽  
Verb Forms ◽  
Legal Texts ◽  
And Linguistics ◽  
Language And Law ◽  
Integrative Science

The article introduces legal discourse as part of a complex communicative activity. It is an integrative interdisciplinary phenomenon on the border of jurisprudence and linguistics. The research objective was to establish the constituent parts of legal discourse, which includes legal texts, related scientific literature, and other documents. Legal linguistics is a generalizing discipline that studies the interaction of language and law. The line between legal discourse and other discourses is hard to define. Legal discourse is characterized by unified subjects, procedures, circumstances, and impersonality, that is, the absence of recipient and sender, hence the abundance of impersonal verb forms and impersonal constructions. Legal texts are devoid of national marks, and the vocabulary has equivalents in other languages. The present research was the first to designate a set of texts that make up legal discourse, i.e. texts of laws, decrees, scientific literature on legal matters, various legal documents, judicial texts, texts of interrogations, court speeches, expert opinion, etc. Although legal discourse and legal linguistics have different subjects and tasks, they share the same object, i.e. the interaction of language and law. Legal linguistics is an integrative science based on linguistics and legal theory, which uses achievements of philosophy, psychology, sociology, ethics, cognitive linguistics, pragmalinguistics, linguistic conflictology, etc.

scholarly journals Legal discourse as a model of institutional discourse

2018 ◽  
Keyword(s):  
Legal Discourse ◽  
Institutional Discourse ◽  
Legal Text ◽  
Legal Documents ◽  
Legal Science ◽  
Legal Texts ◽  
Science And Education ◽  
Characteristic Features

The article considers the problem of studying legal discourse as one of institutional ones. A model of institutional discourse is defined as well as its characteristic features. The article presents various approaches to interpretation of legal discourse, the author and the recipient as its immediate participants are described. Special attention is paid to differential features of the legal text due to the multivaluedness of semantics and extralingual factors which play an important part in reception of legal documents. Dominant features of legal discourse are singled out – texts of judicial documents and their language which includes the language of legislation and by-laws, the language of legal science and education and so on. Based on the analysis of coherent relations between legal texts, such types of coherence were represented: thematic, iconic, definitive, verification, inferential.

scholarly journals The Role of Personifying Metaphors in English and Romanian Legal Texts

2016 ◽  
Vol 13 (1) ◽  
pp. 145-153
Author(s):  
Romaniţa Jumanca
Keyword(s):  
Legal Discourse ◽  
Theoretical Framework ◽  
Conceptual Metaphors ◽  
Source Domain ◽  
Legal Documents ◽  
Cognitive Metaphor ◽  
Metaphor Theory ◽  
Legal Texts ◽  
The World

Abstract This paper attempts to carry out an analysis of metaphors in a corpus of legal documents, within the theoretical framework of the cognitive metaphor theory as conceived by Lakoff and Johnson (1980). There is a notable use of conceptual metaphors and framings in the law we live by which, undoubtedly, have a major impact on the way millions of people in the world act and react in their attempt of decoding legal messages. Since metaphors are basically cognitive constructs, their meaning can be grasped only through a process of transfer of significance from a source domain to a target one, leading thus, to an interpretation of the legal discourse.

Due To Sell Off Power Of Legal Documents Are Made In Making Act Commerce Land And Buildings By Notary

Jurnal Akta ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 777
Author(s):  
Paulus Meldif Dika Pratama ◽  
Gunarto Gunarto
Keyword(s):  
Income Tax ◽  
Government Regulation ◽  
Legal Theory ◽  
Real Life ◽  
Social Institution ◽  
Justice Theory ◽  
Certificate Authority ◽  
Legal Documents ◽  
Legal Consequences ◽  
Made In

The purpose of this study was to analyze the legal consequences of the agreement of power sell off made in the manufacture of an agreement of sale by Notary. Legal theory used in this study, among others: justice theory, the theory of authority and responsibility theory. The approach used in this study is primarily sociological juridical approach. Sociological juridical approach is to identify and conceptualize law as a social institution that is real and functional in a real life system. The results of this study finally provides the answer that the certificate authority to sell off which made the authorizer to the Proxy should still be subject to and required for payment of taxes from the sale of land and / or buildings that have been sold such, it thus obliged Notary socialize at the time the parties face because it is concerned responsibility by agreement authorized to sell he made in the manufacture of an agreement of sale in accordance with the provisions stipulated in the Indonesian Government Regulation No. 36 of 2016 regarding Income Tax on Income From the Transfer of Rights to Land and / or Buildings, And Agreements sale and purchase Land And / Or Building Along with its amendment.Keywords: Certificate Authority To Sell; Agreement Of Sale; Notary.

Mathematical ideas and indigenous languages

2021 ◽  
Author(s):  
Bill Barton ◽  
Roslyn M Frank
Keyword(s):  
Cognitive Linguistics ◽  
Mathematical Thinking ◽  
Human Experience ◽  
Indigenous Languages ◽  
Mathematical Ideas ◽  
Cultural Activities ◽  
Recent Interest ◽  
Formal Mathematics ◽  
Different Types ◽  
And Linguistics

Recent interest in how anthropology and linguistics relates to mathematics has led to recognition that mathematical thinking is a function of language in ways not previously recognised. Ethnomathematics, cognitive linguistics, and anthropology are all pointing to a way of understanding mathematical ideas based on human experience and cultural activities. Formal mathematics can be seen to have developed from metaphors deeply embedded in our languages. This raises the question of relativity in mathematics. Do different languages embody different types of mathematics? This chapter examines some emerging evidence in the grammar and syntax of indigenous languages, i.e. languages structurally very different from the Indo-European linguistic tradition. The educational consequences of the possibility of different mathematical thinking is briefly discussed.

scholarly journals INVESTIGATING COMMUNICATIVE-PRAGMATIC FUNCTIONS OF GRADATION

2020 ◽  
pp. 421-423
Author(s):  
Makhmudova Nilufarkhon Ravshanovna
Keyword(s):  
Cognitive Linguistics ◽  
English Language ◽  
Scientific Literature ◽  
Human Mind ◽  
Human Knowledge ◽  
Knowledge Processes ◽  
Structural Linguistics ◽  
Separate Object ◽  
Object Of Study ◽  
Linguistic Units

In this article has been illuminated the communicative-pragmatic functions of gradation in English and Uzbek languages. In the scientific literature, cognitive linguistics is also described as “connected semantics” because it deals mainly with semantics. While linguistic units serve to express objects that exist in the world and the actions that take place, semantics connect the interactions between linguistic units in a real or imaginary world. These relations are studied by linguistic semantics as a separate object of study. One of the important features of cognitive linguistics is that it allows us to see the language in relation to a person, that is, his consciousness, knowledge, processes of thinking and understanding, paying particular attention to how language forms and any language phenomena are associated with human knowledge and experience and how they relate to the human mind how to describe. KEY WORDS: English language, Uzbek language, gradation, communicative-pragmatic functions, structural linguistics, cognitive linguistics, semantics, pragmatic influence.

scholarly journals De esclavos a ciudadanos y malentretenidos. Representaciones del negro en el discurso jurídico colombiano del siglo XIX

2014 ◽  
Vol 6 (12) ◽  
pp. 271-302 ◽  
Author(s):  
Martha Isabel Rosas Guevara
Keyword(s):  
Nineteenth Century ◽  
Black People ◽  
Legal Discourse ◽  
Community Based ◽  
Early Nineteenth Century ◽  
Local Elites ◽  
National Community ◽  
Legal Texts ◽  
Siglo Xix

Mediante una narrativa historiográfica elaborada a partir de textos legales, el presente documento pretende interpretar las ausencias y presencias del negro en el discurso jurídico decimonónico producido una vez obtenida la independencia de España en los albores del siglo XIX. Teniendo en cuenta que la imaginación del Estado republicano representó un desafío para las elites criollas, las cuales —pese a predicar retóricamente la consolidación de una comunidad nacional basada en la igualdad y la democracia— construyeron una idea de Nación sobre los basamentos ideológicos coloniales, perpetuados en la repulsión elitista hacia la masa o plebe, lo que a la postre produjo su exclusión de la promisoria modernidad.  From Slaves to Citizens and Vagabonds. Representations of Blackness in the Colombian Legal Discourse during the 19th CenturyAbstractThrough a historiographical narrative drawn from legal texts, this paper aims to interpret the absence and presence of black people in the nineteenth-century legal discourse produced once the independence of Spain was obtained in the early nineteenth century. Considering that the imagination of a State Republican represented a challenge for the local elites, —which despite of  preaching rhetorically the consolidation of a national community based on the equality and the democracy— constructed an idea of Nation on the ideological colonial basements perpetuated in the elitist repulsion towards the mass or populace, which at last produced his exclusion of the promissory modernity.   Keywords: slaves, Independence, citizenship, assimilation, exclusion

Legal discourse

2018 ◽  
Author(s):  
Beverley Brown
Keyword(s):  
Legal Discourse ◽  
Mirror Image ◽  
Legal Rhetoric ◽  
The Social ◽  
Theory Of Law ◽  
Language And Law

‘Legal discourse’ signifies a strong interplay between law and language, linking together law as like language and law as itself language. However, unlike other linguistically modelled accounts, this approach involves a strong opposition to formalisms and their mirror-image realisms. Language as used cannot be ‘deduced’ from any pregiven matrix or set of propositions but must be studied in terms of its own modalities. The theory of law-as-discourse takes inspiration from the study of legal rhetoric and from socio-legal analyses of the courtroom, but was developed in its own right in the post-structuralist turn in linguistics. Law-as-discourse requires an understanding of the operation of legal talk in different registers, and gestures towards an intertwining of the social, the legal and the linguistic by focusing on the speaker–hearer situation, locution and action.

Abused Women and Legal Discourse: The Exclusionary Power of Legal Method

1996 ◽  
Vol 11 (1) ◽  
pp. 125-139
Author(s):  
Lori Beaman-Hall
Keyword(s):  
Empirical Research ◽  
Legal Theory ◽  
Legal Discourse ◽  
Daily Practice ◽  
Abused Women ◽  
Feminist Legal Theory ◽  
Exclusionary Practices ◽  
Legal Method ◽  
Local Solutions ◽  
Women's Stories

AbstractTraditional legal method continues to be one of the most unexplored aspects of the gendered nature of legal discourse. In this paper, I outline a number of problems legal method creates in relation to women's experiences, more specifically the ways in which legal method works, as part of legal discourse, to exclude abused women's stories. Expanding the conceptualization of legal method as a process which includes the more mundane and insidious aspects of the daily practice of law, this paper examines aspects of legal method which are often overlooked in feminist legal theory and research. The paper is intended as a beginning point for future discussion and empirical research and as such suggests the possible depth of the exclusionary practices of legal method and the harm suffered by women as a result. I conclude with a discussion of how women can subvert traditional legal method through the formulation of local solutions based on their own experiences.

Translating a Poem, from a Linguistic Perspective

Target ◽  
1997 ◽  
Vol 9 (1) ◽  
pp. 25-41 ◽  
Author(s):  
Elżbieta Tabakowska
Keyword(s):  
Cognitive Linguistics ◽  
Linguistic Analysis ◽  
Mass Nouns ◽  
Verb Forms ◽  
Linguistic Conventions ◽  
Literature And Language

Abstract To bridge the unfortunate gap between "literature" and "language", literary critics, including critics of translation, should make use of what linguists have to say about language. Out of modern linguistic theories, Cognitive Linguistics seems particularly promising. On the basis of Robert Frost's poem "Nothing Gold Can Stay " and one of its Polish translations, the author demonstrates how intuitive interpretations and assessments are corroborated by a strictly linguistic analysis, which is carried out in the cognitivist vein. In particular, the interplay of two grammatical oppositions—between perfective and imperfective verb forms and between countable and mass nouns—is shown to be a means of direct symbolisation of meaning. Translation losses are then discussed—some unavoidable in view of systematic discrepancies between linguistic conventions, others a compromise imposed by the demands of versification.

scholarly journals Addressing a Judge in National Varieties of English

2020 ◽  
Vol 24 (1) ◽  
pp. 137-157
Author(s):  
Vladimir Ivanovich Ozyumenko
Keyword(s):  
Legal Discourse ◽  
Cultural Analysis ◽  
World Englishes ◽  
Law Students ◽  
Political Systems ◽  
Secondary Sources ◽  
Legal Documents ◽  
Internet Resources ◽  
Judicial Discourse ◽  
Different Levels

Despite the fact that legal discourse is intended to be clear, precise and unambiguous, in legal terminology there are obvious signs of cultural variability that can be observed not only in different languages, but also in varieties of the same language. Ignorance of cultural differences in legal terminology and legal discourse can lead to serious complications in an intercultural context. This study is limited to terms of reference and forms of address to judges of different levels in the British, Irish, American, Canadian, Australian and New Zealand varieties of English in a courtroom setting. The goal of the study is to analyze the terms of references and forms of address to judges in these varieties of English, identify their similarities and culture specific features and try to find the reasons for the differences. The data were obtained from various sources: dictionaries, legal documents, newspapers, as well as some secondary sources (Brown & Rice 2007, Hickey 2008, McPeake 2010) and Internet resources. They were analysed drawing on studies of pluricentric languages (Clyne 1992, Kloss 1967, Leitner 1992, Muhr & Marley 2015), World Englishes Paradigm (Bolton 2006, 2017; Crystal 2003, Domashnev 2000, Kachru 1985, 1986, 1988, 2008; Low & Pakir 2017, Proshina 2012, 2017, 2019); implementing comparative, semantic, pragmatic, discursive and cultural analysis. To explain some of the results, the legal and political systems of the countries that speak the national varieties of English were analysed. Preliminary results of the study revealed both similarities and differences in the terms of reference and forms of address to judges of various ranks, caused by a nexus of historical, political and social reasons that require further study. Among these, one can note the degree of openness of society to the democratization of its legal system, the country's desire to either follow the traditions established in British judicial discourse, or to demonstrate their uniqueness and independence from the former colonial power. Despite its limited nature, the study provides some new data showing that the lexical and discursive variability observed in the legal sphere contributes to the formation of varieties of pluricentric languages. The results can contribute to the study of pluricentric languages, find application in lexicographic practice, as well as in the teaching of legal English to law students.

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