scholarly journals Legal and linguistic theory as a component of general and theoretical legal science: propedeutic aspect

Author(s):  
O.V. Minchenko

The article is devoted to the topic of application of provisions and conclusions of legal linguistics in the field of law. The purpose of the study is to focus the attention of legal scholars on the necessity to consider legal and linguistic theory as a component of general and theoretical legal science. It is drawn attention that in the research of domestic scholars the connection between law and language is mainly highlighted by focusing on one of the aspects: either the legal basis of language functioning, or the linguistic features of law terminology system. It is emphasized that legal and linguistic theory (as well as legal linguistics) provides not two subjects of knowledge with an emphasis on one of them, but it is a dual subject - language and law; symbolic nature of law. The factors that influenced the genesis and development of legal and linguistic theory as a component of modern jurisprudence are presented and analyzed. First, it is globalization and integration processes, providing for the necessity to harmonize regulations, the correct translation of legitimate rules of conduct into the appropriate language, etc. Secondly, it is the borrowing of forreign concepts into the national legal system, which also stipulates an adequate understanding of their content, and phenomena denoted by the term. Partly in this context, the interdisciplinarity of modern knowledge is noted (processes of integration and differentiation of knowledge, is a factor in the interdisciplinary borrowing of concepts and categories). Secondly, it is a “linguistic turn” that marked the rejection of the prevalence of the metaphysics of consciousness and the intention of thinkers on the linguistic quintessence of cogito. Language began to be perceived as the basis of cognitive activity, thinking; the attention of scientists has shifted to the epistemology of senses and meanings. It is concluded that in response to the challenges of society, since the second half of the twentieth century, a new field of interdisciplinary research - legal linguistics - has been conceptualized. This interdisciplinary field is crucial in the field of law, based on the social and cultural essence of this regulator of social relations. Language, as well as law, being an element of the culture of the society, influence the perception of social values, their formation. In the context of globalization, a significant part of legal phenomena and processes can be known precisely by means of the use of epistemological tools of legal linguistics.

1981 ◽  
Vol 40 (4) ◽  
pp. 703-718 ◽  
Author(s):  
James Brow

An adequate understanding of the complex connections between changes in the social relations of production and changes in the bases of group formation demands an historical approach in which consciousness and its ideological products are viewed dynamically, not as the mechanically determined superstructural reflections of material relations but as an active and constituent components of everyday social life. The concepts required for such an analysis are developed here, drawing on the seminal work of both Marx and Weber, as well as on more recent scholarship, and are applied to recent changes in agrarian relations and ideological practice in Anuradhapura District, Sri Lanka.


2013 ◽  
Vol 11 (4) ◽  
pp. 423-444 ◽  
Author(s):  
Evgeniya Aleshinskaya

Abstract Musical discourse analysis is an interdisciplinary study which is incomplete without consideration of relevant social, linguistic, psychological, visual, gestural, ritual, technical, historical and musicological aspects. In the framework of Critical Discourse Analysis, musical discourse can be interpreted as social practice: it refers to specific means of representing specific aspects of the social (musical) sphere. The article introduces a general view of contemporary musical discourse, and analyses genres from the point of ‘semiosis’, ‘social agents’, ‘social relations’, ‘social context’, and ‘text’. These components of musical discourse analysis, in their various aspects and combinations, should help thoroughly examine the context of contemporary musical art, and determine linguistic features specific to different genres of musical discourse.


2019 ◽  
Vol 12 (1) ◽  
pp. 5-28
Author(s):  
Rosyida Ekawati

Language plays a crucial role in political speech. The use of a particular language canreflect or be influenced by the speaker’s ideology, power, cultural/social background, region, or social status. This paper is concerned with the relationship between language and power, specifically as manifested in the language used by an Indonesian president in international forums. It aims to uncover the power relations that were projected through the linguistic features of the president’s speech texts, particularly the use of modal verbs. Data for this paper are the speeches on the topics of peace and climate change delivered by Susilo Bambang Yudhoyono (SBY) in international forums during his first and second presidential terms. This paper’s analysis of linguistic modalities uses Fairclough’s three-dimensional model of critical discourse analysis (CDA) to answer its research questions. The results show that, in projecting his power, SBY used several linguistic modal verbs. From the context of the modality used it can be understood that the president conveyed his strategic desire to be himself as he tried to relate to the audience (as he assumed it to be) and construct an image of himself, of his audience, and of their relationship. The president produced discourse that embodied assumptions about the social relations between his leadership and the audience and asserted both his legitimate power as president and his expert power. Through the language used, SBY created, sustained, and replicated the fundamental inequalities and asymmetries in the forums he attended.


Author(s):  
Olha Minchenko

The relevance of the article is stipulated by the necessity to involve in jurisprudence the results of research obtained by intersectoral science – legal linguistics, the provisions of which are an important methodological basis for knowledge of law in postmodern society. The aim of the paper is to elucidate the importance of understanding law in modern conditions by means of legal and linguistic theory. It is noted that in the conditions of postmodern society objects and phenomena are perceived through different discourses, actualizing the issue of hermeneutics. Including in the field of epistemology of legal phenomena and processes. The papers of domestic scholars, the object of which is the issue of legal linguistics and which are divided into two groups are analyzed: papers of specialists in the field of linguistics (in these papers the attention of scholars focuses on linguistic features of legal texts - stylistics, morphology, etc.) and legal publications on certain aspects of legal linguistics. It is substantiated that within the framework of domestic jurisprudence the subject of legal and linguistic theory as a component of jurisprudence and, accordingly, the perception of law by means of the provisions of legal linguistics is poorly studied. Emphasis is placed on the fact that legal and linguistic theory, as a component of jurisprudence, provides an understanding of law, legal phenomena and processes by means of the social and cultural context in general and language, in particular, which connects it with theories of law understanding and law enforcement. It is the paradigmatic nature of legal and linguistic theory that allows us to perceive legal phenomena in a new way. It is emphasized that the legal and linguistic theory of jurisprudence does not consider law separately, language separately, and does not emphasize one of these objects; within it there is a single object - law and language. It is summarized that in the conditions of postmodern society there is a rethinking of social phenomena, including law. Hermeneutic interpretation becomes crucial epistemological tool of the humanities. In the awareness that legal phenomena and processes are not limited to the text of the legal act, and law is interpreted as an act of speech communication, it is legal linguistics that could become an adequate response to modern challenges.


Author(s):  
Olena Vladimirovna Sushyi

This article surveys the development process of social archetypes as a new direction for interdisciplinary research in the public administration problem field, that implemented in the framework of scholarly sessions of Ukrainian School of Archetypes (USArch), namely: International Theoretical and Methodological Seminars and International Competitions for Young Scholars “Archetypes and Public Administration” (2010–2018), International Lectures Cycle “Patterns and Characteristics of Ukrainian Social Transformation” (2016), Internet discussions and skype conferences. Program sessions themes of the listed scholary forms are summarized as well as prospects for further movement of USArch and development of social archetypes as a new direction for interdisciplinary research are defined.Attention is drawn to the fact that the post-soviet scholarly community doesn’t have a sufficiently developed opinion on social archetypes as an interdisciplinary field of research and its methodological foundations. The basis for criticism is an ambiguous attitude both to the teachings of K. Jung about the archetypes of the collective unconscious, and to the psychoanalytic trend as a whole. It is suggested that reducing the degree of critical attitude to social archetypes as an interdisciplinary field of research in the subject field of public administration depends on a number of conditions. Firstly, using the common formulation and interpretation of the ideas that influenced its formation and development. Secondly, from an adequate understanding of both the possibilities of social archetypes which are determined by its original methods of explanation and methods of analysis of subtle social phenomena which can serve as a key point for further theoretical and empirical research, and the theoretical and practical limitations of the archetypal approach. That is why social archetypes is positioned as an interdisciplinary research area. I argued that the social archetypes is not a universal scholarly apparatus and not an orthodox inheritance of the ideas of Jungianism. Finally, it is a methods that allows us to establish patterns and features of modern social development, the practical application of which expands the possibilities of public-management’s activity. At the same time, it is a metaphor through which the researcher is invited to plunge into the wider psychosocial and sociocultural context of social phenomenas and processes.


2005 ◽  
Vol 21 (4) ◽  
pp. 216-225 ◽  
Author(s):  
William L. Cook

Abstract. In family systems, it is possible for one to put oneself at risk by eliciting aversive, high-risk behaviors from others ( Cook, Kenny, & Goldstein, 1991 ). Consequently, it is desirable that family assessments should clarify the direction of effects when evaluating family dynamics. In this paper a new method of family assessment will be presented that identifies bidirectional influence processes in family relationships. Based on the Social Relations Model (SRM: Kenny & La Voie, 1984 ), the SRM Family Assessment provides information about the give and take of family dynamics at three levels of analysis: group, individual, and dyad. The method will be briefly illustrated by the assessment of a family from the PIER Program, a randomized clinical trial of an intervention to prevent the onset of psychosis in high-risk young people.


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