Conclusion presents the results of the investigation produced in the Dissertation
Paper. As the perspectives for the further investigation in this field there can be also
observed the broadening of the specific language materials; detailed investigation of new
linguistic technologies and their functioning and usage with regard to different national
and cultural peculiarities.
5
We would like to stress not only the specific and theoretical significance of the
Dissertation paper, but also the practical value of this work, the results of which may be
used in the practical legal processes.
6
CHAPTER I. LEGAL TEXT AS AN OBJECT OF LINGUISTICS ANALYSIS.
1.1. History of legal text study in linguistics
We all know that in today's 21st century, all fields of science are rapidly
developing, and as a result of the demands of the times, new fields and directions
are emerging. We can see such changes in the field of linguistics. In the 21st
century, as in other sciences, several new directions have appeared in linguistics.
One of the main reasons for this is that every discipline is rapidly developing and
all of them are related to linguistics. Because no matter what field of science,
linguistics deals with the structure, transmission and characteristics of information,
sources and their texts in that field. One such field is Legal Linguistics or 'Legal
Linguistics'. According to several Russian scientists, the term "juris-linguistics" is
a field whose object of study is the relationship between language and law[Theory
of the state and law. Textbook. - Tashkent. "Justice", 2018.] and has an
interdisciplinary character.
It is worth mentioning that some scientists use the term "criminolinguistics"
instead of the term juris-linguistics. The two terms are used almost synonymously,
both referring to the field that deals with legal texts. It should be noted that
jurisprudence is considered a relatively new science, like several other fields of
linguistics, but we can say that the first cornerstone of this field was laid in ancient
Egypt, Babylon, and Rome. Several historical evidences also show how important
laws and their oral and written expression were considered from those ancient
times. As the most vivid example of this, we can cite the "Laws of Hammurabi"
introduced by the ancient Babylonian ruler Hammurabi. These laws were written
in Akkadian on a diorite stele 2.25 meters high so that everyone could understand
them. According to experts, the text of the stela is written in the first
person[Karimov I.A. Homeland is as sacred as a place of worship. T.3. - T.:
"Uzbekistan", 1996. - p. 20.].
Also, legislation played an important role in ancient Egypt. Examples of Egyptian
legal sources include important letters between Rulers, papyrus texts, wall
7
inscriptions, and many other sources. According to the sources, the name of the
accused person was included in a special list even after his innocence was known
[Alekseev S.S. Pravo: alphabet - theory - philosophy: Opyt kompleksnogo
issledovaniya. - M., 1999. - Page 58.]. These and many other sources show that
language and law have been closely related to each other since ancient times.
However, the laws mentioned in the historical sources and their relationship with
the language have not been studied separately.
Heikki Mattila's work "Comparative Legal Linguistics" describes in detail what
innovations in this field took place in Europe in the Middle Ages. He says that, the
tradition of legal lexicography continued in Byzantium and Western Europe. In
Western European countries, during the medieval period, most of the legal
dictionaries first published in Latin, then in some other local languages. According
to Heikki Mattilla “The first bilingual lexicons of the legal language were
compiled in Byzantium (some lists of translated legal words existed even before
that). This includes Latin Greek lexicons. These lexicons became a necessity at a
time when Greek began to replace Latin in legal work, and as a result, Byzantine
jurists' understanding of Latin declined. By nature, these lexicons were part
encyclopedic dictionaries, part dictionaries of definitions”.
Later in Western Europe, a similar need arose for a link between Latin and the new
national languages. As Western European jurists' understanding of Latin weakened,
legal Latin dictionaries became increasingly important. When the Latin language
was replaced by modern languages in the international legal dialogue, there was a
need to create legal dictionaries between different European national languages.
Later, the Latin language lost its position. Nowadays, legal affairs are mainly
conducted in English[The Stanford Encyclopedia of Philosophy (Spring 2022
Edition), Edward N. Zalta (ed.)].
In ancient England, conventional customary regulation was talked about in the
vernacular (see Celtic regulation). The lawful language and legitimate custom
changed with influxes of victors throughout the next hundreds of years. Roman
8
England (after the victory starting in Promotion 43) followed Roman legitimate
practice, and its lawful language was Latin. Following the Roman takeoff from
England around 410 and the Somewhat English Saxon attack of England, the
prevailing practice was rather Somewhat English Saxon regulation, which was
examined in the Germanic vernacular (Early English), and written in Early English
since around 600, starting with the Law of Æthelberht. Following the Norman
attack of Britain in 1066, Old English Norman French turned into the authority
language of judicial procedures in Britain for a time of almost 300 years until the
Arguing in English Demonstration 1362 (and went on in minor use for an
additional 300 years), while Middle age Latin was utilized for put down accounts
for north of 650 years. A few English specialized terms were held, in any case (see
Old English Saxon regulation: Language and lingo for subtleties).
In legitimate pleadings, Old English Norman formed into Regulation French, from
which many words in present day lawful English are determined. These
incorporate property, home, asset, rent, agent, and occupant. The utilization of
Regulation French during this period affected the overall phonetic register of
present day lawful English. That utilization likewise represents a portion of the
complex etymological designs utilized in legitimate composition. In 1362, the
Resolution of Arguing was authorized, which expressed that all judicial procedures
ought to be directed in English (however kept in Latin). This noticeable the start of
formal Legitimate English; Regulation French kept on being utilized in certain
structures into the seventeenth 100 years, despite the fact that Regulation French
turned out to be progressively degenerate.
From 1066, Latin was the language of formal records and rules, and was
supplanted by English in the Procedures in Courtrooms Act 1730. Be that as it may,
in light of the fact that just the exceptionally taught were conversant in Latin, it
never turned into the language of lawful arguing or discussion. The impact of Latin
should be visible in various words and expressions, for example, impromptu,
9
accepted, by law, genuine, bury alia, and ultra vires, which stay in current use in
legitimate composition (see Lawful Latin).
As we mentioned above, the study of legal texts, in general, any legal texts as a
separate field, attracted the attention of linguists and other scholars only at the end
of the twentieth century.
This situation is related to the interest of jurists and linguists in the role of language
in the legal field [https://www.legalserviceindia.com].
The necessity of the legal system and laws for any society, the existence of
different laws, as well as the existence of different languages, the use of different
structures in the creation of laws and legal documents, the issues and problems of
their translation from one language to another, led to the emergence of a separate
field of research in linguistics. came As this field was formed as a separate science,
various researches and scientific researches related to it were carried out. One of
these is The Development of Legal Language, edited by Heikki E. S. Mattila, a
senior fellow at the Academy of Finland. This book was published in Proceedings
of an International Symposium held at the University of Lapland, September 13-15,
2000 (193 p.), nine articles and an editor's summary, preface, introduction, entitled
"Towards a Science of Legal Linguistics". are also listed. The Basic Factors
section of this book begins with Christer Loren's thesis entitled Iconism and
Special Language. According to this thesis, language use in scientific contexts
reflects different models of knowledge production and systematization across texts.
Thus, legal texts can be compared synchronically with texts from other
professional fields and diachronically with legal texts from different periods.
Lauren cites, in part, medieval Swedish provincial laws and contemporary legal
texts as evidence to support his thesis[https://plato.stanford.edu/entries/law-
language].
In addition, scholars have become interested in alternative translation of legal texts,
especially legal terms. Many important works have been done in this regard, and
the "Methodology of cross-linguistic comparison of legal terminology" written by
10
Paula Trzaskawka, Paulina kozanecka, Aleksandra Matulewska. The book
"Towards General Legal Linguistic Translation Studies" is a clear proof of this.
This volume presents and elaborates on relevant results for all languages devoted
to explaining results related to general legal translation.
To make the results more expressive, the authors analyzed the work of other
researchers in this field and relevant literature related to other languages. The
purpose of the study is to present a parametric approach to legal translation studies
and to test the application of the theory in the process of establishing equivalents
for almost, partially and non-equivalent terminology.
Also, in the book, the authors explain the types of legal documents, their
differences from each other, the fact that any decisions related to each country are
also related to the culture and traditions of that country, the existence of different
forms of legal systems and the terms in them, mainly , mentioned that it is possible
to divide into legal cultures, legal traditions and legal families, and cited the
opinions of other researchers regarding this idea. The book summarizes the
methods that can be used in issues related to equivalence in the process of
translation of legal texts using the suggestions of scholars such as Matulewska
[2007, 2013], Kubacki [2012], Kierzkowska [2002], Newmark [1982, 1988, 1991].
Since the equivalents in the source are related to a certain system and culture and
mean only a certain meaning, the use of so-called "internationalisms" in order to
reduce the difference between the meanings is of great help to the translation
process. 'emphasized. "Internationalism" mainly includes the terminology of
Roman law and the only terms that can be used by member states of international
organizations[7."Methodology of cross-linguistic comparison of legal terminology
Toward a General Legal Linguistic Translation Studies" written by Paula
Trzaskawka, Paulina kozanecka, Aleksandra Matulewska.].
Since the analysis of legal texts is important for the translation department of
linguistics, linguists have done a lot of work on translation issues. According to
one such scientific article, before translating any legal text, it is necessary to
11
understand it well, at the same time, the uniqueness of the translation of oral and
written texts, especially in oral translation, the need for experts to know the legal
language very well. passed. It was also mentioned that awareness of the culture,
traditions and state structure of countries is one of the most important factors for a
successful translation, and in addition to the main factors, methods of behavior by
lawyers in different situations in different situations are also included [Guadalupe
Soriano 2020 ].
As in the analysis of any texts, there are also problems, difficulties and issues
encountered in the process of analysis of legal texts. The work done in this regard
is written by Marita Kristiansen and Ingrid Simonnæs "Legal translation. We can
take as an example the scientific work "Actual problems and problems of
researches, methods and applications". “In this anthology, prominent scholars in
the field of legal translation studies (LTS) focus on the current issues and
challenges of legal translation arising from today's globalization and
internationalization. Taking into account theoretical and practical perspectives, the
contributions provide interdisciplinary approaches to legal translation that deal
with legal systems in national, EU and international settings, and include civil law
and common law, as well as national and private international law. In addition to
the historical evolution of legal systems and legal translation, the articles discuss
the peculiarities of legal language and challenges in legal translation, as well as
new didactic strategies to address the future profiles of legal translators" [Marita
Kristiansen, 2019].
According to Katherine Way, “Legal translation takes on the additional burden of
considering legal aspects that other texts do not. Legal translators must work not
only between two languages and two cultures, but also between very different legal
systems due to their strong socio-cultural and historical influences. This is
exacerbated by the fact that systems are not even synonymous with countries”
[2016].
12
Since the legal field is wide, there are many branches and types of cases with texts
related to this field. Analysis and translation of legal documents, as we mentioned
above, is very important. There are various aspects that should be paid attention to
in the process of their translation. Accordingly, there are many types of translations
of this type of documents. According to the official Translate Day website, the four
most common types of legal translation are contract translations, terms, intellectual
property translations, and legal market research/
Currently, due to the development of legal linguistics, many scientific works are
being carried out in this field. Scientists are considering not only the analysis or
translation of texts, but also methodological methods and examples related to their
practical application and teaching. Many such works have been carried out,
especially in English. Because there is a huge difference between everyday English
and legal English. It is natural that a law student with a good grade in general
English will be very weak when it comes to legal English.
In order to prevent such problems and to help learners understand legal texts in
English, several terminology dictionaries have been developed. An example is
"English Legal Terminology" by Helen Gubby. The book is divided into several
chapters, and the meanings of terms in English legal texts are explained in context.
The given terms are related to certain areas of jurisprudence, a separate chapter is
allocated for each area, and of course a glossary is also included. Since the demand
for translation and analysis of legal texts is increasing day by day, creating such
books remains one of the main tasks before linguists of almost every country.
Despite the fact that the definitions of this field, its goals and tasks have been
defined by many scientists and linguists, they all aim at the same goal. Here is one
such definition:
“ Legal linguistics studies law using linguistic methods, and the results of
research help legal scholars and lawyers to better perform and understand their
work by understanding how language works in general and in legal fields in
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