Formation of the legal terminological semantics in the Indo-European languages

Федорова, Анастасія Олександрівна (2019) Formation of the legal terminological semantics in the Indo-European languages Doctoral thesis, Державний заклад «Південноукраїнський національний педагогічний університет імені К. Д. Ушинського» МОН України.

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The thesis is dedicated to the study of conditions and mechanisms of the legal terminological semantics formation in the lexemes of the vocabulary in the Germanic, Slavonic and Iranian languages. On the basis of the elaborated research the algorithm, introduced by the author, the character of the reflection of the content of some notions of the pre-law and its successor – the antient law in the lexical semantics are ascertained. The main focus on the research is focused on such historical and linguistic, cultural and legal media as legal lexis and legal microtexts, within the framework of which the lexis exercised the juridical semantics. The term legal micro-text is put forward in the thesis meaning a minimal, accomplished in the notional sense linguistic formulae aimed at describing some typical situations, succession of actions (procedure), and ascription of objects/subjects of activities, that are distinctive of the ancient law. The intent to distinguish legal micro-texts in the research is aimed at explaining the sources of terminological legal meaning in lexis under research; it has been proved that the legal semantics appeared in the words with the course of time. The lexes, which happened to be within these formulae influence, got the legal semantics, formed their functional sphere, and turned into independent legal terms. Consequently, we may draw a conclusion of the secondary character of the legal term concerning the legal micro-text-formula. Therefore, there are two categories of lexical and phraseological legal units: archaic – the legal micro-text, and innovative – the legal term. In the scientific paper several groups of the legal formulae (legal micro-texts) were singled out to show consecutive stages of the pre-legal thinking development in Proto-Indo-European mentality and legal culture of their descendants (Germanic, Slavic and Iranian people). In particular, to the first (the most archaic) group of legal formula (Proto-Indo-European micro-texts) belong the following units: to establish truth (the ritual of a sacred agreement), call for the truth, to try a case in court (a common deed of a group), to take revenge, blood feud, to take blood (the ritual, which is aimed at the renewal of the «balance of blood»). The semantics of the second group of the legal micro-texts (formed in the period of areal contacts of the speakers of three languages) are as follows: to rule with an iron/ firm hand, my word is the law, to administer justice and their synonyms to carry out (administer justice), to manage justice, to give justice, to manage court, to search for/ find the truth, to establish the truth, to be filled with vengeance, to have the absolute power, to revenge the blood; rhey show a strikingly marked legal specificity caused by the peculiarity of the execution of legal acts and experiencing legal state (to be filled with vengeance, to have the absolute authority). The third group of the formulae attests preserving traditions of forming legal terminological semantics in separate languages. The analyzed material demonstrated that some micro-texts can be used for the description of the praxis of pledge, the process of ascertainment of guilt during the trial, the characteristics of the trial as a just deed, as a process, a statement of the fact of a legal lodgement in general (experiencing legal feeling), for the characteristics of an oath. All three categories of microtexts are exfoliated chronologically into 1) those which are formed within the language of a ritual (the first group) – the pre-law stage; 2) those which are formed within the limits of the legal language that served the legal technique, i. e. the aggregate of legal acts and provisions concerning the succession, motivation and consecution of its application (the second and the third groups) – the stage of the law existence. This conclusion is totally supported by the structure of the evolutional model of semantics that illustrates the stages of the process of the terminological legal meaning stabilization. The evolutional semantic model is the main method and procedural scheme that explains the evolution of legal meaning, due to this development it is possible to distinguish the stages of the semantic evolution of the lexis on its way of acquiring the juridical meaning. Its structure presupposes two main stage elements: ritual and legal that are manifested in both the ritual and legal practice and are expressed in the semantics of the ritual and legal lexical units, the correlation between which often reflects the correlation between the primary and secondary ones. Due to the application of the EMS in the research some regularly repeated semantic displacements in different languages have been singled out, they caused the formation of the corresponding terminological semantics in genetically cognate and non-cognate words: ‘strength’, ‘be strong’ > ‘power’, ‘to reign, be in power’; ʻto increase, to enhance strength, power’ > ‘to gain power, authority’; ‘hand’ > ‘power’; ‘to snatch’, ‘gather, collect’ > ‘hand’ > ‘power, authority’; ‘to direct (= to govern, to guide)’ > ‘master, ruler’ and ‘straight’, ‘pious’, ‘just, righteous’ > ‘master, ruler’ (?); ‘strong’ > ‘master, ruler’, ‘rudder, helm’ > ‘to steer a boat, ship’ > ‘to rule, to govern’ and others.

Item Type: Thesis (Doctoral)
Uncontrolled Keywords: legal terminology; evolutional semantic model; Indo-European languages; formation of legal consciousness; legal micro-text
Subjects: Це архівна тематика Київського університету імені Бориса Грінченка > Автореферати > Спецради у інших ВНЗ
Divisions: Це архівні підрозділи Київського університету імені Бориса Грінченка > Кафедра англійської філології та перекладу
Depositing User: Анастасія Олександрівна Федорова
Date Deposited: 17 Oct 2019 10:30
Last Modified: 17 Oct 2019 10:30

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