Open AccessThe concept of «indecent form»: problems of distinguishing between legal and linguistic
Author(s) -
Anna A. Malyuka
Publication year - 2021
Publication title -
verhnevolžskij filologičeskij vestnik
Language(s) - English
Resource type - Journals
ISSN - 2499-9679
DOI - 10.20323/2499-9679-2021-2-25-113-118
Subject(s) - insult , offensive , expression (computer science) , object (grammar) , dignity , statement (logic) , linguistics , clarity , harm , set (abstract data type) , honor , psychology , reputation , law , computer science , social psychology , political science , philosophy , biochemistry , chemistry , management , economics , programming language , operating system
Controversial text often becomes the object of linguistic expertise in court cases of insult. In view of this, it is necessary to have a clear understanding of the set of features that are necessary to identify the offensive component in the text under study. One of such features is an indecent form of expression. The article addresses the concept of «indecent form of expression» as the main component of an insulting speech act. The author investigates the options for interpreting the concept from linguistic and legal points of view. The main goal of the study is to compare and analyze the concept in order to determine how fully it is revealed and how it is used in solving issues of practical forensic linguistic examination in cases of insult. In the course of the research, the author identified the differences in understanding the concept of indecent form of expression and lack of clarity in distinguishing the concept from legal and linguistic approaches. Moreover, ambivalence in the definition of an indecent form can have significant consequences in determining the offensive nature of the statement under examination. Based on the results of the research, the author substantiates the need for further indepth consideration of the problem raised. This article may be useful to experts conducting linguistic examinations (including cases of insult). The article will also be supporting material for judges, investigators and lawyers who will be able to correctly qualify the case (protection of honor, dignity and business reputation or insult), clearly see the object of examination in cases of insult and will not make mistakes when assigning linguistic examinations in cases of insult.