Article

Name: Juridical terminology in the context of doctrinal interpretation

Authors: N. D. Golev

In the section Linguistics

Abstract: The paper is devoted to linguistic and hermeneutical aspects of doctrinal (scientific) interpretation of the text of a law. The author substantiates the necessity for a linguistic approach to the interpretation of the text of a law. The main peculiarity of such an approach is the interpretation of a law text as a common speech production act with its inevitable subjectivity and diversity of interpretational options. The paper affirms that this approach is significant for the legislative theory and practice. In the circumscribed aspect the author examines the doctrinal exposition, which is classified as a variety of unofficial exposition in the theory of State and law. Doctrinal type of exposition has rarely been a subject to scientific study. The paper considers its peculiarities. On the basis of handling the terms «assumption of innocence» and «authentic interpretation of the law» in scientific texts analysis is made of the regularities of sense-formation with the scientific approach to terms. The stress is made on the variability of the results of sense-formation, intimately associated with scientific pluralism.

Keywords: legal communication, juridical terminology, unofficial exposition of legislative language, doctrinal exposition of legislative language, plurality of interpretation of the text of the law, conflict of interpretations

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