THE INTERACTION OF LEGAL SYSTEMS AS LINGUISTIC COMMUNITIES. Part 2

Abstract

Law as a linguistic phenomenon has seldom been a subject of research in the Russian civil law studies, as well in national jurisprudence at large. As for attempts at systemizing descriptions of the semantic interaction of legal systems, its properties and types, they are barely existent. At the same time, the cases of such interaction per se seem to lie on the surface. The article examines the general properties of such interaction, identifies the essential features of its main varieties and offers descriptions and solutions to the most interesting issues within each one. Doing so, the author makes use of some case modelling. Along with well-known kinds of semantic interaction, such as the characterization problem and the application of foreign law (in conflict law), comparative studies and incorporation, the article also refers to interpenetration of various schemes of meaning within same jurisdiction. The author puts all the matters in the context of linguistic problem and approaches them from the standpoint of his understanding of private law. The scientific outcome can be seen in the attempt to create a general theory of semantic interaction of legal systems based on general properties of such interaction and on the disclosure of its individual types.