CONCEPT “LEGAL LANGUAGE”: MODERN SCIENTIFIC INTERPRETATIONS

Abstract

The article analyzes modern approaches to understanding the language of law. It is noted that all existing legal concepts and legal processes can be accessed only through language. That is why the legal language (language of law) covers the entire system of jurisprudence in general. It is argued that “legal language” should be considered as a general term for a number of extremely diverse texts, both written and spoken. Based on this, the emphasis is on the fact that legal language is an extremely complex object of study. It is noted that the special legal terminology used in the language of law is divided into three categories: specialized terminology, foreign terminology and archaic terminology. Each variant of this terminology is characterized. The analysis and features of the language of law are carried out. Attention is paid to such a characteristic of legal language as accuracy. The study of legislative texts allows us to identify some features of legal language that explain its specifics. It is noted that the law can be effective only if it is voluntarily complied with through an internal incentive. Legislation that does not correspond to the linguistic sensitivity of our society is not seen as “our law”, but is seen as something foreign. Without favorable language, positive law cannot create legal awareness. It is here that “language and law” become central to modern legal systems, as well as to the functioning and survival of legal cultures. It is concluded that in domestic and foreign political and legal thought there is no single approach to understanding the essence of legal language. That is, we are faced with a variety of approaches to the interpretation of “legal language”. The main function of the language of law is the correct and clear formation of the content of legal norms, avoiding its broad understanding and accurate interpretation. It is emphasized that the concept of legal language is a determinant of the formation of the legal system, because without legal language there is no legal system. Legal language is a primary element, and the legal system is a secondary element, because it is an important component in the drafting of regulations.