Объективные и субъективные факторы вариативности интерпретаций текста закона в специальной юридической литературе и в обыденном сознании носителей языка

Abstract

The paper discusses the problem of the professional and common interpretation of the legal text, determining the relation of these notions, the difference between their subjects, goals, features, and results. Article 272 of the Criminal Code of the Russian Federation was chosen as a material for the study, with its content being the subject of interpretations by the professional community and ordinary citizens. Comparing the comments on this article in the works of lawyers and polemics in the professional community has allowed establishing the variability of interpretations and identifying the factors of variability. It has been found that, in the professional community, a legal text is inevitably characterized by a variety of interpretations, resulting from various factors. The common interpretation results were obtained by means of a linguistic interpretation experiment. The analysis of the experimental results has revealed that ordinary native speakers perceive the content of the original legal text ambiguously. Everyday interpretation proves to produce interpretative texts reflecting semantic-pragmatic versions as a realization of semantic-pragmatic meanings of the text of the law. Both legal professionals and ordinary citizens have been found to have ambiguous interpretations, which is due to objective and subjective factors. On the one hand, the variability of legal text interpretations is determined by the peculiarities of language wordings and the terminology used. On the other hand, there is also the qualitative diversity of types of language personality or the speakers of ordinary consciousness.