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Home / Issues / № 2, 2013

Materials of the conference "EDUCATION AND SCIENCE WITHOUT BORDERS"

NATIONAL JURISLINGVISTICS AND ITS TASKS
Shokirov T.S.

Jurislinguistics as a connective and interdisciplinary science is used in all stages of the legal regulation : in the course of law-making, organizing rights in the process of its implementation. It has the greatest value in the law-making and law enforcement process [1, 2].

National jurislinguistics as universal jurislinguistics has its problems, specificity requirement and the object of study. Its task is to expose to the linguistic research prepared legislative acts, legal and legal documents and materials, taking into account the characteristics and requirements of a concrete language.

That is, it is as the part of linguistics considers the proposed legal materials from the point of view of phonetics, lexicology, morphology, syntax, culture, language, rhetoric, in compliance with the existing law, within the limits of jurisprudence, and the laws of the state language. The object of jurislinguistics' study is the relationship of language and the law. Specificity is determined by the method, the method and methodology of the study, which contribute to a thorough and comprehensive study of the material for the preparation of legal documents in a meaningful, accessible, logical presentation.

The necessity of jurislinguistics ‘s interpretation follows from the dialectic relation of language norms, the rule of law and the situation in which it is applied.

The norms of language and law have general and abstract nature, the situation on the contrary is concrete. A variety of situations generates a variety of legal issues, the answers to which are intended to give an interpretation. Features of the formulation of the law (brevity, conciseness, and special terminology), their semantic communications with other rates, references to other social standards and assessments, as well as the shortcomings of the legislative technique generate the necessity interpretation.

Lack of jurislinguistics' interpretation might be spurious, as an experienced lawyer quite easily without much effort "captures" the abstract meaning of the law and can relate it to a concrete situation. But such an easy, " curtailed " understanding of the rules is based on the experience of its own interpretation and experience of the legal profession of the given science [6, 165, 7, 23].

Jurislinguistics promotes direct knowledge of the text, and provides insight, deepen the contents of the law, to obtaining information that reflect their meaning. Thanks to jurislinguistics, the meaning of the law is achieved by means of several "layers" of knowledge - knowledge of the language in which they are formulated, knowledge about the system communications of rules of law, knowledge of their origin and functioning . To these kinds of knowledge (interpretation means) there correspond interpretation methods: linguistic, systematic, historical and functional. Besides, it uses a substantial material of rules of law; manipulation of this material using logical methods can comprehend deploy content standards. It is a logical analysis , in which the interpreter is mainly refers to the lexical-semantic features of terms.

One of the main problems of jurislinguistics is interpretation of legal terms, the study of peculiarities of the lexical units in law [5]. And interpretation as any process of thinking is subordinated to laws and regulations [4,36].

The linguistic interpretation as a process of knowledge is not only an objective process. Because the object of knowledge is independent of the knowing subject. The knowledge flows according to objectively laws in force of formal and dialectic logic. It is also considered a subjective process, for it is performed by the concrete subject and its result is expressed in the form of subjective thinking.

In theory and in practice, usually there are two different approaches to the study of jurislinguistics -static (al) and dynamic.

In static approach as a core value of the legal work the stability and certainty of law is considered . Focusing on it, the investigator must establish the meaning which it has under law. In the dynamic approach, the researcher strives to learn the meaning , content and semantics of terms accurately.

If to analyze the jurislingvuistics interpretation, you can see the motion from static to a dynamic approach.

Jurislinguistics require exact research of the letters of the law from the perspective of the national to the universal, which defines the problem as a national and universal jurislinguistics.



References:
1.Голев Н. Д. Юридизация естественного языка как лингвистическая проблема // Юрислингвистика-2 .- Барнаул, 2000.- С. 8-39. (Golev N.D. Juridization of the natural language as a linguistic problem Yurislingvistika-2. - Barnaul, 2000. – p.p. 8-39.)


Bibliographic reference

Shokirov T.S. NATIONAL JURISLINGVISTICS AND ITS TASKS . International Journal Of Applied And Fundamental Research. – 2013. – № 2 –
URL: www.science-sd.com/455-24230 (23.04.2024).