1.2 The relation of the legal world with language
Nowadays, legal linguistics can be considered as an independent field of
science. However, despite the huge volume of scientific works on this topic, the
terminology of this field of scientific research is inconsistent, diverse and very
unstable. There is no single definition of the fields that interest us in this scientific
topic, and when we come across such terms as "legal world", "legal language" and
"legal language" in academic literature, it is necessary to distinguish between such
legal terms.
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Like most interdisciplinary research, research in legal linguistics faces the
problem of using the terminology of two disciplines: law and linguistics. We
believe that before describing the relationship of the legal world with language, it
is appropriate to describe it by considering the aspects of "law", "language" and
their interrelationship.
Analysis of literature on the topic
The first studies in this field were conducted in Germany at the beginning of the
19th century. However, attempts to create a unified approach were made only in
the second half of the twentieth century. Since then, the issues of interaction
between language and law have been regularly discussed in the works of domestic
and foreign jurists and linguists. Today we can talk about the existence of an
independent interdisciplinary scientific field. At the same time, the process of
forming a new field of science is accompanied by a number of difficulties: the
instability of the terminological base, its object, subject, tasks, methods, boundaries,
etc.
Law is one of the unique social values that humanity has discovered
during its long historical civilization. It is manifested in various stages of the
development of the society with its following rich aspects and aspects:
1. Law is the criterion of truth and justice;
2. The standard of freedom;
3. Symbol and measure of equality;
4. Normative expression of the will of the government and society;
5. Confirmation of strict procedure;
6. Means of ensuring legal interests in society;
7. Guarantee of stability and security;
8. A means of limiting violence and aggression (a means of legalizing and
ensuring exploitation and violence in some historical periods);
9. A coercive measure for the welfare of the state and society (sometimes for
the purpose of totalitarian persecution);
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10. It is characterized by the factor of punishing the offender and many other
qualities and characteristics. [State and law theory. Textbook. - Tashkent. "Adolat",
2018.]
Law is a system of living rules adopted or approved by the state that regulates
social relations in society, determines the vital activities of citizens. Law is
expressed at the level of law. Russian scientist S.S. According to Alekseev, law is
a system of universally binding norms of law, which is established in laws or other
sources recognized by the state and serves as a basis for defining legally
permissible and legally impermissible, prohibited behavior [Alekseev S.S. Pravo:
alphabet - theory - philosophy: Opyt kompleksnogo issledovaniya. - M., 1999. - p.
58.]
In our opinion, law is a system of living rules formalized by the state, which
regulates social relations in society, determines the conduct, behavior, and basic
life activities of citizens. Eastern thinker, encyclopedist Abu Nasr al-Farabi
understood law as a means for virtuous people to achieve true happiness. Law, in
his opinion, is a tool to ensure peace and security in the country, conditions for
development, creation of opportunities for creative work, a tool to control passions,
and a tool to protect and preserve a person. Law is a regulator of social relations, a
system of normative rules based on the ideas of justice and freedom expressed in
legal documents. This conclusion is based on the following methodological idea:
"Law is a means of achieving social order based on social harmony and agreement,
creating freedom, justice and equality" [Karimov I.A. Homeland is as sacred as a
place of worship. T.3. - T.: "Uzbekistan", 1996. - page 20]
The purpose of the study is to analyze the perspectives available in legal
linguistics in relation to the definition of legal language and its place in the
language system.
Analytical comparison, logical and comparative analysis, grouping methods and
research works of foreign and local scientists on the subject were widely used in
this research.
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Since the concept of the legal world is closely related to the concept of "law", we
must first understand the meaning of the word "law". Law is a system of generally
binding social norms established or approved by the state. It includes legal
relations and basic rights of the citizen, which are strengthened, guaranteed and
protected by the state.
Law is the main factor in ensuring the development, peace and integrity
of every state and society, maintaining the internal order of the state, ensuring the
equality of citizens, regulating the activities of state and non-state organizations in
society, and in general, in the administration of every state. For this reason,
understanding the law is an important task not only for lawyers, but also for
representatives of other fields. Because it is very important for any society to have
activities based on a certain order in every aspect of life.
Since any state and society is made up of people, human rights are important
for that state and society. Human rights are defined as the right to independence,
freedom of thought, freedom of speech, justice, equality and respect, regardless of
where and how people live, what they believe. Everyone has these rights, but these
rights can be limited if a person commits certain violations.
The use of language is essential to any body of general law.
Governments naturally use language to make laws, and laws must be tailored to the
specific purpose of the dispute over the effects of that use of language.
Language is a rule-based system of symbols used for communication.
Laws and legal concepts encoded in language can only be accessed through
language. Police interviews and court cases are conducted through language.
Relations between partners in contracts are also related to language. The law
exercises its control through language. Language acts as a medium used to transmit
a message from a sender to a receiver. A common ground is needed for a dialogue.
[The Stanford Encyclopedia of Philosophy (Spring 2022 Edition), Edward N.
Zalta (ed.)]
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The use of language is crucial for any legal system, not only for politics in general,
but also in two distinct ways. Legislators characteristically use language to
legislate, and the law must provide for competent resolution of disputes over the
consequences of that use of language.
In this sense, modern sociolinguistics is required not only to explain the nature of
linguistics, but also to show ways of their effective use. It is in the lexicon of the
legal system that it is possible to use the specialized, specialized new meanings of
the words amnesty, bail, suspect, suspect, executioner, work, event, appropriation
to enrich the literary language and expand the possibilities of official style.
[https://www.legalserviceindia.com]
What is the relationship between the language used to create legal standards and
the law itself? If the statute provides that the form of the words determines the
content of the standard (for example, the term of a contract or a criminal tort or the
duty of an executor of a will), what effect does the use of words have? If there are
no general theories, there is no general answer to the question. The theory of the
meaning and interpretation of the legal language is much less than the theory of the
meaning and interpretation of the language, that is, it will not be general.
The concept of the legal world can be understood in two different ways:
narrow and broad. In the narrow sense, a specific field of science, that is,
everything related to law, for example, legal literature, legal documents, legal
websites, in short, which provides an opportunity to obtain information about law
and the law and to use legal services, or can be understood as a condition and
situation involving legal processes in general.
In a broad sense, this concept can be understood differently by everyone. Some
say that it is an initial situation that leads to and serves as an introduction to the
legal process, while others say that this concept can only be classified according to
the process of its use in context.
In general, the legal world is a society, state or territory where the rule of law is
established. In other words, every action is carried out within the framework of the
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law, based on the rights and interests of individuals. Therefore, such a place is
called a legal world. The concept of "legal world" or "legal society" includes
everything related to the category of legal laws, legal systems, legal institutions,
legal professionals and legal culture that govern and regulate society. This concept
includes legislation, court systems, legal service, representation, lawyers and
judicial remedies, legal education and academic research, as well as the social
norms and values that shape the legal system.
"Legal world" or "legal society" is important in shaping social, political and
economic structures, protecting the rights of individuals and ensuring justice. This
system has a profound impact on private and public life, from commercial
practices and contractual relationships, to criminal law and human rights, affecting
countries.
"Legal world" or "legal society" is a general concept that represents a set of
serious and multi-layered legal laws, institutions and culture that form the legal
system of a given society. It should be noted that instead of the concept of "legal
world" the terms "legal state" or, as noted above, "legal society" are also used in
the same sense.
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