RAS Social ScienceGosudarstvo i pravo

  • ISSN (Print) 1026-9452
  • ISSN (Online)2713-0398

Law as linguistic phenomenon

PII
S1026-94520000487-3-1
DOI
10.31857/S20000487-3-1
Publication type
Article
Status
Published
Authors
Volume/ Edition
Volume / Issue 6
Pages
5-12
Abstract

The topic "law and language" is the key one in legal science and practice. Law finds its expression in the language. Making the language of normative and individual legal acts perfect from the point of view of legal technology is one of the most important tasks in modern legal science. However, a linguistic approach does not solve other important problems in the area of rights - language correlation. The author of the article explores the topic in the context of the theory and philosophy of language, which is the premise for the grounding of the concept of law as a language phenomenon. On the basis of this methodological approach, the author comes to the conclusion that law as a language phenomenon is able to perform its specific functions. Among them, the author pays special attention to the communicative function, which is typical for both the texts of normative legal acts and legal acts of an individual character. In order to fulfill the regulatory function, the law should be brought to the attention of an indefinite number of persons with the help of the language...

Keywords
law, principle of law, language of law, legal text, communication, intention, suggestion, signification, meaning in law, legal language game, application of law, lawmaking, phenomenology
Date of publication
01.06.2018
Number of purchasers
8
Views
1625

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