Лінгвістична параметризація мовного злочину: методологічні підходи

Abstract

The paper discusses the procedure and the technologies of linguistic analysis of the public texts from the juridical perspective. It models basic methodological approaches and offers a general strategy of the forensic linguistic analysis that had been eleborated in the linguistic expert examination of the texts of various genres pertinent to the juridical proceedings concerning verbal extremism. The major task of this type of linguistic expert examination is the confirmation or disproof of the initial presumption regarding the identification of certain verbal acts with the juridical concepts of “ethnic agitation” and “appeal to illegal activities”. Linguistic diagnosis of the verbal delict is a complex multidimensional task, which requires the application of practically every linguistic trend and theory, linguistic semantics and linguopragmatics above all. Pivotal for the expert examination of verbal extremism is discourse analysis. While analyzing the functions of the lower level language units, it takes into account the language phenomena of the utmost level of the language hierarchy. In addition, the paper discusses the basic methodological approaches that were tested while performing the forensic linguistic examination of the textual material in the criminal cases concerning various kinds of language extremism. Suggested is the composition model of the linguistic expert opinion concerning the appeals and incitement to illegal actions covered by part 1 of article 110 of the Criminal Code of Ukraine. The expert examination of the above type stipulates the application of a number of the formalized discourse analysis procedures for confirmation or refutation of the presence in the text under analysis of the following communicative components of the language act “appeals to an illegal action”: 1) the text belongs to the political discourse, i. e. its content and the communicative context show that the textual material is the part of the socio-political communication; 2) the Speaker and his Addressee are the political subjects of this communication; 3) an attainable ideal is outlined; 4) the text gives an indication of certain activities that make up the content of the appeal and are conceptualized as a substantial part of the social activity aimed at the attainment of the abovementioned ideal; 5) the Addressee is the potential performer of these activities; 6) the text incites the Addressee to perform these activities and/or directs his behavior towards the attainment of these ideals; 7) pragmasemantically, the content of the appeal corresponds to the content of the juridical norm. The absence of at least one of the above communicative components of the speech act of “appeal to illegal activities” is sufficient to disprove the initial supposition about the presence of the “appeal to illegal activities” in the analyzed text. It is argued that the forensic linguistic examination as a trend of applied linguistics requires specific methodological accuracy and authenticity, on the one hand, and apprehensibility of the final product to its ultimate users – the jurists, on the other hand. It is essential that linguistic technology of various types expert examinations should be distinctly structured and individual research procedures, as well as the sequence of their application, should be described. Like any technology, forensic linguistic examination strives to reach its goals in the most reliable and steady-going way. Modeling Hi-Fi technologies of linguistic examination for various types of linguistic objects is an indispensable part of the overall development of this branch of applied linguistics. Key words: sociolinguistics, legal linguistics, linguistic pragmatics, the theory of speech acts, discursive analysis, linguistic expertise.