Law as a Linguistic Phenomenon
Abstracts for report Anton Didikin at Lisbon Congress
«Bankruptcy» Concept Within the Legal Linguistics Coordinates: Russian–English–French Approximations
The article addresses the notion of bankruptcy as perceived by speakers of current Russian, English and French languages both lawyers and participants in professional communication from other trades. Semantic structure of the term is identified based on its lexicographic and regulatory definitions.
Abstracts of International Legal Philosophy Congress in Lisbon 2017
Pleonastic Constructions In English Legal Texts
Quite a number of English legal texts, featuring largely contract law, provide linguistic evidence of both terminology, and/or commonly used vocabulary, with semantically identical or related meaning used at a time within the same text sequences. Such constructions appear challenging for taxonomic classification by linguists and lawyers alike. An analysis of examples allows for attributing such usage samples to pleonastic constructions typical for the legal language.
This paper is divided into three parts: it first gives an historical analysis of the legal concept of 'no man's land' (in Latin: terra nullius) and its role in legal and theological controversies surrounding the colonisation of the Americas. It then goes on to show how these Hispanic debates form the basis for Locke's views in the matter. Finally, it addresses the question to which extent Locke's erroneous presumptions still shape contemporary legal discourse. To this end, the 1992 landmark decision of the Australian High Court in Mabo v Queensland is analysed in depth. Even though the court was right in rescinding the concept of terra nullius, the judges were insufficiently aware of its colonial roots.
The collection of papers presents an overview of the study of the analytic legal philosophy in Russia.
The 20th century seems to be the most fruitful time for the philosophy of law in Russia, considering the contribution that Russian and Soviet legal thinkers have made to this discipline, and the role they have each played in the development of the international debate, despite the severe political impact that legal studies have suffered in Russia, not only in the Soviet period but also before the Revolution.