Open AccessTHE IMPORTANCE OF LEGAL (FORMAL) DEFINITION FOR DEVELOPMENT LANGUAGES OF LAW: LINGUISTIC AND LEGAL ASPECTS
Author(s) -
А. Г. Байбак
Publication year - 2020
Publication title -
ûridična nauka
Language(s) - English
Resource type - Journals
ISSN - 2222-5374
DOI - 10.32844/2222-5374-2020-103-1.47
Subject(s) - empirical legal studies , clarity , legal realism , law , legal research , legal certainty , philosophy of law , legal profession , political science , sociology , linguistics , comparative law , philosophy , biochemistry , chemistry
The article analyzes the approaches of a number of authors and defines the essence of the language of law. The main features of the language of law are given. The place of legal linguistics and its relationship with the science of law, linguistics, philosophy, psychology and logic is determined. The author analyzes the approaches of a number of researchers to the term «legal writing». The correlation of legal categories, legal norm and principle of certainty is carried out in the work. It is emphasized that one of the means of ensuring clarity of normative prescription and clarity of intention of the legislator is the application of clear legislative definitions in the texts of relevant legal acts, as inaccuracy of linguistic expression of law, insufficient unification of legal concepts and terms results in ambiguous understanding, interpretation and application. legal norms, departure from those ideas and provisions that were embodied by the law-making body. The author defines the essence and presents the main requirements for the technique of legal writing. The basic rules for creating legislative definitions are given. Distinctive features of the legislative style are described and listed. The ratio of formal certainty and language of law is carried out.