Legal Terms from the Rhetorical Perspective: Legal Genre Approach
Abstract: The approach to legal terms of art (or technical legal terms) form rhetorical perspectives is based on their place in legal discourse depending on the genre of the text. Analysis of polysemy and homonymy in statutory texts andinvestigation of legal terms versus terms in other sciences is made. Special attention is paid to technical legal terms, which have different definitions in different branches of law, to legal definitions, which have different meaning in law and other sciences, to terms of “general science” (such as ‘assimilation’, ‘operation’, ‘balance’, etc.) and to those words, which can be used in legal texts in their ordinary or terminological meaning (e.g. ‘agent’, ‘defender’). A distinction will be drawn between the technical legal terms in legal theory and technical legal terms, which found their definitions in statutory texts or regulations.
The article is devoted to the discussion of correlation between legal rhetoric and legal hermeneutics. The rhetorical categories of topos, status, author's intent are analysed.
The article is devoted to the book by Theodor Vieweg "Tpoics and law", which is practically unknown in Russia, while it gave rise to a new approach to studies of contemporary law and practice in the light of the ancient theory of rhetoric and its doctrine of "commonplaces" (topics).
The chapter examines the academic dispute in newspapers between two legal scholars on details of the judicial reform in Russia in terms of rhetoric.
The book comprises the articles about legal methodology and new developments in understanding of law and its tools of art.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/