scholarly journals The Comparative Element in Comparative Legal Linguistics

2020 ◽  
Vol 43 (1) ◽  
pp. 57-76
Author(s):  
Marcus Galdia
Keyword(s):  
Social Reality ◽  
Epistemic Value ◽  
Legal Language ◽  
Linguistic Research ◽  
Characteristic Features ◽  
Global Law

Abstract Fundamental legal-linguistic research includes next to monolingual approaches to the legal language also comparative approaches. Meanwhile, the epistemic value of comparative approaches is unclear in legal linguistics. Therefore, in this article different legal-linguistic comparative approaches will be scrutinized, and their perspectives made operational in legal linguistics. Especially, the traditional analysis of legal terminology gains momentum here in the context of discursive comparative approaches. The multilingual origins and the intertextual mode of existence and development of the legal language are identified as its characteristic features. They also shape processes in which the language of the global law emerges in the contemporary social reality.

scholarly journals Legal Russian in Legal - Linguistic Research

2017 ◽  
Vol 32 ◽  
pp. 67-90
Author(s):  
Marcus GALDIA
Keyword(s):  
Research Area ◽  
Russian Language ◽  
Related Research ◽  
Linguistic Research ◽  
Characteristic Features ◽  
Continuity And Discontinuity

The article focuses upon the emergence and the development of the legal Russian language and the methodology used for its scrutiny in the legal-linguistic research in Russia and abroad. It shows some of the dominant tendencies in the legal-linguistic and related research in a perspective that combines material issues concerning the work on textual sources and their identification as well as methods developed in Russia to deal with legal- linguistic problems. The author aims to portray methodological continuity and discontinuity in a research area with a relatively long history. The overview of topics and methods demonstrates that the development in the area of the legal-linguistic research in Russia displays all characteristic features of the European legal-linguistic tradition, and especially the shift in the attention of scholars from isolated terminological issues to discursive aspects of law. 

scholarly journals OS CONTRATOS EMPRESARIAIS FRENTE À PANDEMIA DA COVID-19: EXCEPCIONAL ABERTURA À SOLUÇÃO JUDICIAL DE CONFLITOS PARAMETRIZADA NO PRINCÍPIO DA PRESERVAÇÃO DA EMPRESA

2021 ◽  
Vol 4 (4) ◽  
pp. 70-83
Author(s):  
João Paulo Angelo Vasconcelos ◽  
Ana Paula do Carmo Galiciani Hungaro ◽  
Khetlen Eduarda Ferreira Marinho dos Santos
Keyword(s):  
Literature Review ◽  
Judicial Review ◽  
Economic Freedom ◽  
Social Reality ◽  
Contract Law ◽  
Social Model ◽  
Economic Agents ◽  
The Social ◽  
Deductive Method ◽  
Characteristic Features

In the context of the COVID-19 pandemic crisis, and in view of the challenges imposed, it analyzes reflexively on business contracts, those concluded between economic agents. Execution takes place through the deductive method, focuses on the literature review on the topic and uses an appropriate bibliography. From the analysis undertaken, it can be inferred that the contract presents itself as an important instrument of social reality, an instrument shaped over the evolution of the State, especially from the liberal to the social model. As for business contracts, which are the object of closer understanding, their characteristic features are removed, which suffer a peculiar incidence of the principles of Contract Law, to the point of glimpsing a tendency to affirm the adjustments. Guidance that remains positive in the Economic Freedom Act, whose rules provide for judicial review. However, the new context imposes itself, demanding that the interpreters, mainly the judicial, review the theory of business contracts according to the new social reality, which opens the opportunity for judicial review, to whose exercise this article contributed, indicating some parameters.

The limits of plain legal language: understanding the comprehensible style in law

2019 ◽  
Vol 15 (03) ◽  
pp. 246-262 ◽  
Author(s):  
Zsolt Ződi
Keyword(s):  
Problem Solving ◽  
Plain Language ◽  
Legal Language ◽  
Language Understanding ◽  
Corpus Linguistic ◽  
Linguistic Research ◽  
Legal Texts ◽  
Linguistic Problem ◽  
Technical Rules

AbstractThe comprehensible style of legal texts seems to be a predominantly linguistic problem. This is how the plain-legal-language movements present it. But, while plain-language statutes have been on the agenda for decades in every civilised country, laws still become more and more complicated. The paper attempts to explain this controversy. First, it argues that comprehensibility has more aspects beyond the linguistic or stylistic one. Sometimes it is the linguistically simplest texts that raise the most serious comprehensibility problems. The paper refers to two pieces of corpus linguistic research that provide evidence that vocabulary and grammar in themselves do not explain the incomprehensibility of the legal texts. Second, for a more subtle handling of the comprehensibility problem, the paper offers a framework of three typical pragmatic situations – the processual, the problem-solving and the compliance settings – where comprehensibility problems arise in different ways. The conclusion of the paper is that, contrary to the usual explanation that the main reason for incomprehensibility is that, in law, clarity and accuracy can be only employed at each other's expense, it is rather the systemic and interpretive character of law and the growing importance of technical rules that hinder the understanding of legal texts.

About Some Peculiarities of Teaching and Learning Spanish Legal Language to Non-Native Speakers

2021 ◽  
Vol 48 (3) ◽  
pp. 281-288
Author(s):  
Radomira Videva ◽  
Keyword(s):  
Foreign Language ◽  
University Students ◽  
Present Article ◽  
Learning Process ◽  
Teaching And Learning ◽  
Native Speakers ◽  
Language Immersion ◽  
Legal Language ◽  
Characteristic Features

The teaching and learning Spanish legal language as a foreign language for professional and academic purposes has been studied in the present article. The autor departs from trying to examine its main characteristic features and the most common difficulties in the learning process resulting from them. Afterwards, the use of some didactic tools based on learner's profile, specific needs and expectations are explained. These tools don't require a language immersion environment outside the classroom and are designed to help teaching and learning Spanish legal language to university students and professionals such as lawyers, philologists, interpreters and translators.

scholarly journals SYSTEMATIZATION OF HOLOPHRASTIC CONSTRUCTIONS’ PROPERTIES

2021 ◽  
Vol 1 (11(79)) ◽  
pp. 76-79
Author(s):  
Alla Kalyta ◽  
Vladyslava Klymenyuk
Keyword(s):  
Literary Texts ◽  
Lexical Unit ◽  
Word Combination ◽  
Linguistic Research ◽  
Methodological Tool ◽  
Cognitive Experience ◽  
Syntactic Function ◽  
Characteristic Features ◽  
Sentence Subject

The paper is focused on studying regularities of holophrastic constructions’ functioning in the English literary prose by means of identifying and classifying the most significant features of their linguistic characteristics and expression. Holophrastic construction is regarded in the paper as a synthetically formed composite lexical unit that combines features of a word, a word-combination, or a sentence, and which figuratively but precisely represents in communication the integrative pictures of the individuals’ thinking or behavior, fixed in their memory as a corresponding concept, for decoding of which the recipients use their communicative and cognitive experience. Having analyzed the interpretations of holophrastic constructions’ characteristic features given in various scientific sources, the authors present a generalized classification of their linguistic properties as well as provide examples of their actualization in English literary texts. The carried out analysis allowed the authors to systematize English holophrastic constructions according to the following most significant features of their linguistic expression: communicative and pragmatic aim (inducing to actions, restraining form actions, and evaluation of the communicative situation), form of expressing meaning (transparent or opaque), degree of their emotional loading (emotionally neutral, emotionally coloured, and emotionally expressive constructions), their syntactic function in the sentence (subject, predicate, object, attribute, or adverbial modifier) and their structure (three-component, four-component, five-component, and poly-component, i.e. consisting of six or more components). The performed study advances the idea that the substantiated classification can serve as a methodological tool for structuring classes, subclasses and groups of the experimental material within the scope of similar linguistic research.

scholarly journals Lingual Means of Imperative in the Lecture and Sermon Discourses

2020 ◽  
pp. 171-183
Author(s):  
Nina Oleksandrivna Kravchenko ◽  
Kateryna Andriivna Bondarenko
Keyword(s):  
Learning Process ◽  
English Language ◽  
Syntactic Structure ◽  
Text Structure ◽  
Institutional Discourse ◽  
Linguistic Research ◽  
General Scientific ◽  
The Subject ◽  
Characteristic Features ◽  
Linguistic Means

The research aims to reveal the peculiarities of the linguistic means of imperative utterances which function in the lecture and sermon discourses. They encourage students/parishioners to engage in the learning process fully. The following tasks were formulated: to categorize imperative utterances in the view of characteristic features of the mentioned discourses; to characterize the lexical-syntactic peculiarities of each type of imperative phrases. The object of the research is an oral English-language institutional discourse of two kinds – academic (lecture) and religious (sermon). The subject of the study is the lexical and syntactic arrangement of imperative utterances in the lecture and sermon discourses. To achieve the aim, both general scientific and unique linguistic research methods found application. Conclusions of the study are as follows: the functioning of imperative utterances in the sermon and lecture discourse is determined by such linguistic and extralinguistic factors as the expressiveness/implicitness of the imperative constructions, the syntactic structure of the imperative constructions, the communicative-pragmatic orientation, and the targeted nature of the order/ localization of the imperative construction in the compositional text structure. In our work, direct and indirect explicit constructions, aimed at an immediate action, are viewed as operational imperative statements. According to the communicative-pragmatic orientation and considering the temporal signs, we distinguish two main types of motivation: simultaneous and post-communicative. The communicative-pragmatic orientation criterion also makes it possible to single out constructions intended to induce physical/mental impact (in lectures) and spiritual/mental impact (in sermons). The prospect of further investigation is studying non-verbal features of lecture and sermon discourses.

scholarly journals Church Slavonic Words имарменя, фатунъ, фортунa in Maximus the Greek’s Works

2021 ◽  
pp. 17-30
Author(s):  
Maria Ferro
Keyword(s):  
Early Modern ◽  
Russian Language ◽  
Lexical Borrowing ◽  
Linguistic Research ◽  
Characteristic Features ◽  
Early Modern Era ◽  
Modern Era ◽  
The Russian Language ◽  
Selection Of ◽  
National Corpus

Within the linguistic research on the works of Maximus the Greek, the article raises the question of the peculiarities of an individual intellectual dictionary in his creative work. The object of this study is the authors use of three terms conveying the concept of "fate", in particular the lexical borrowing from the Greek είμαρμένη and from the Latin words fatum and fortuna, rarely used in Church Slavonic literature up to the 16 th cent. The use of significant terms is described through lexicographical analysis in the first two volumes of the modern edition of Maximus the Greeks works. Special attention is paid to the comparison of the meanings of individual words and their functioning with the data taken from the historical section of the National Corpus of the Russian language, and as well as from a selection of dictionaries of Old Church Slavonic and Church Slavonic languages, in order to identify the characteristic features of lexical preferences of Maximus the Greek. Thorough contextual analysis of the texts allows us to show how, conveying the concept of necessity caused by the stars or mysterious destiny, the author shows himself as an innovator, enriching Church Slavonic vocabulary with new borrowings. The article verifies the hypothesis about the reasons for lexical preferences of Maximus the Greek and makes assumptions about the interpretation of synonymy of the words denoting "fate" that appears in the studied texts. Linguistic goals, formulated on the basis of the results obtained, can be achieved only taking into consideration the general trends in the development of religious and philosophical thought in Europe in the Early Modern Era.

Theory of Law, Jurilinguistics and Legal Language: A common task

2020 ◽  
Vol 5 (2) ◽  
pp. 131-150
Author(s):  
Eduardo C. B. Bittar
Keyword(s):  
Legal Language ◽  
Joint Work ◽  
Legal Translation ◽  
Common Task ◽  
Gradual Development ◽  
Transnational Justice ◽  
Globalization Of Law ◽  
Theory Of Law ◽  
Cosmopolitan Law ◽  
Global Law

AbstractThis paper sets a clear interdisciplinary boundary of the joint work between the Theory of Law and Jurilinguistics, surrounding the role of legal language. The paper attempts to contemplate the challenges of the globalization of Law in the 21st century, and launches the challenge of the formation of a common place, to be established by political language and legal language, in order to favour the procedural and gradual development of Global Law. Thus, today, in the period of transition between international law and cosmopolitan law, the regulation of global life increasingly demanding of translation professionals. For this reason, when practising legal translation, their contribution is not limited to the transition from language a quo to language ad quem, but to the construction of classes that form a tertium, and it is from this residue of translation processes that it starts to open itself to the possibility of a legal expertise common to everybody starts to open up. Jurilinguistics has the task of collating and systemising these practices, to contribute to the Theory of Law, towards achieving the new scale of the project of modernity, that is, the formation of transnational justice.

scholarly journals Lingual Means of Imperative in the Lecture and Sermon Discourses

2020 ◽  
Author(s):  
Nina Oleksandrivna Kravchenko ◽  
Kateryna Andriivna Bondarenko
Keyword(s):  
Learning Process ◽  
English Language ◽  
Syntactic Structure ◽  
Text Structure ◽  
Institutional Discourse ◽  
Linguistic Research ◽  
General Scientific ◽  
The Subject ◽  
Characteristic Features ◽  
Linguistic Means

he research aims to reveal the peculiarities of the linguistic means of imperative utterances which function in the lecture and sermon discourses. They encourage students/parishioners to engage in the learning process fully. The following tasks were formulated: to categorize imperative utterances in the view of characteristic features of the mentioned discourses; to characterize the lexical-syntactic peculiarities of each type of imperative phrases. The object of the research is an oral English-language institutional discourse of two kinds – academic (lecture) and religious (sermon). The subject of the study is the lexical and syntactic arrangement of imperative utterances in the lecture and sermon discourses. To achieve the aim, both general scientific and unique linguistic research methods found application. Conclusions of the study are as follows: the functioning of imperative utterances in the sermon and lecture discourse is determined by such linguistic and extralinguistic factors as the expressiveness/implicitness of the imperative constructions, the syntactic structure of the imperative constructions, the communicative-pragmatic orientation, and the targeted nature of the order/ localization of the imperative construction in the compositional text structure. In our work, direct and indirect explicit constructions, aimed at an immediate action, are viewed as operational imperative statements. According to the communicative-pragmatic orientation and considering the temporal signs, we distinguish two main types of motivation: simultaneous and post-communicative. The communicative-pragmatic orientation criterion also makes it possible to single out constructions intended to induce physical/mental impact (in lectures) and spiritual/mental impact (in sermons). The prospect of further investigation is studying non-verbal features of lecture and sermon discourses.

scholarly journals Twofold character of a joke (on Russian, German, and English jokes)

2021 ◽  
Vol 3 (26) ◽  
pp. 116-124
Author(s):  
Lyudmila A. Tyukina ◽  
Keyword(s):  
Sampling Method ◽  
Structural Characteristics ◽  
Dialogic Discourse ◽  
Continuous Sampling ◽  
Common Features ◽  
Linguistic Research ◽  
Characteristic Features

The aim of the study is to identify common features or differences in the structural characteristics of a small folklore genre of «joke» using animals in the text of the joke in the Russian, German and English linguocultures based on B. Raskin’s theory on the ambivalence of the scenarios. The article studies the jokes which represent a humorous dialogic discourse. The author defines discourse and humorous dialogic discourse, reveals its characteristic features, touches upon the compositional and structural characteristics of a joke and describes the process of creating a comic effect in a joke. Only jokes containing «animal-to-man» or «animal-to-animal» dialogues have been selected for this study. Jokes representing dialogues in three languages are collected by the continuous sampling method. The text of a joke is considered in terms of its structural and compositional features. The author analyzes the jokes in terms of two or more scenarios intertwining. Linguistic research is conducted primarily on written jokes. At the center of the study is the culmination of the joke, a pointe. To confirm the theory of binary scenarios only jokes related to animals have been selected, since the animal participation in the dialogue indicates the unreality of what is happening as one of the scenarios. It was found that the central scripting oppositions that make up the culmination line are more specific and simply placed on completely unimportant elements. The scientific novelty of the article is presented in summarizing and systematizing the main manifestations of the ambivalence law of scenarios in a joke.

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