Legal and linguistic uncertainty of terms and norms of Russian laws
Правовая и лингвистическая неопределённость терминов и норм российского законодательства
2021-06-27
SCID: 54.1/7ykp7cs3
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Russian legal discourselegal and linguistic uncertaintylegal linguisticslegislative normslegislative terms
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Abstract (AI)
The article presents the results of a study of de jure (modeled) and de facto (real) interpretation of the concept legal and linguistic uncertainty, which is relevant for modern Russian legal discourse, lawmaking, judicial, and expert practice. These features are typical for Russian legal discourse, lawmaking, judicial, expert practice, as well as the scientific sphere of communication. The article is aimed at studying the objective and subjective reasons for legal and linguistic uncertainty of legislative terms and legislative norms; analysing the conditions under which uncertainty is considered as an attribute of law language and a means of legal regulation or a defective formulating legal rules, falsa leclio. Legal and linguistic uncertainty is considered from different points of view: (a) the dichotomy clarity/ uncertainty; (b) the legislative definition; (c) attitude to the system of Russian legislation terms; (d) variability, disambiguate, double-meaning; (e) the basis for procedural decisions (expert assessment, adjustment of the norm of the draft law or the current law, rejection of the draft law). The subjective factors of legal and linguistic uncertainty are analyzed, on the one hand, from the position of professional competencies of law developers and specialists examining laws in different aspects - linguistic, legal, anti-corruption, legal and technical, pedagogical, etc. On the other hand, they are analysed from the point of view of legal and other knowledge of the addressees, those, who interpret the law. The research methodology is traditional for modern Russian studies and legal linguistics: analysis, comparison, deduction, induction, analogy, modeling, as well as contextual, interpretive, systemic, discursive, interdisciplinary, practice-oriented and other approaches. Due to interdisciplinary nature of the research, works on linguistics, jurisprudence, legal linguistics, documents of legislative, judicial, expert practice, texts of Russian (federal) laws, materials from the Dictionary of Terms of Russian Legislation were used. The prospects for the study are outlined: considering legal and linguistic uncertainty in the aspect of creating laws in two or more state languages, orthology, etc.
Key Findings
1
It identifies objective and subjective causes of uncertainty in legislative terms and norms across lawmaking, judicial, expert, scientific, and regulatory communication.
2
Subjective uncertainty is linked to the professional competencies of law developers and reviewers and to the legal knowledge of law interpreters.
3
The article distinguishes de jure, modeled uncertainty from de facto, real interpretation of legal and linguistic uncertainty in Russian legal discourse.
4
The study examines when uncertainty functions as an attribute and regulatory instrument of legal language versus a defective formulation of legal rules.
5
Uncertainty can inform procedural decisions, including expert assessment, amendment of draft or existing norms, and rejection of draft legislation.
6
Uncertainty is evaluated through clarity, legislative definitions, terminological-system relations, variability, ambiguity, and double meaning.
Research Object
legal and linguistic uncertainty of terms and norms in Russian laws
Research Subject
objective and subjective causes, manifestations, and regulatory implications of uncertainty in legislative terms and norms
Publication Details
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2021-06-27
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