Zarkhina S. Legal Language as a Subject of Logico-Philosophical Analysis (Historical Background)

Philosophical sources of modern philosophy of legal language are analyzed. Are examined the problems of language in classical German philosophy of law (Kant, Schelling, Hegel, W. von Humboldt, Hugo, von Savigny, Puchta) and in conceptions of its critics (А.von Feuerbach, R. von Ihering). The sources of a phenomenological trend in legal language studies are found in F. von Brentano’s legacy and V.D. Katkov’s sights as Russian ancestor of the philosophy of legal language. It is shown that further development of the philosophical foundations of modern researches of the language of law was made with logical and semi-otical ideas of Ch.S.Peirce, G.Frege, B.Russell, L.Witgenstein, by logical positivists (R.Carnap, M.Schlik, A.Ayer, etc.). Language issues in legal positivism, logical and linguistic components of analytical jurisprudence are discussed on the ground of H.L.А. Hart’s and their criticism in L.Fuller’s writings. Contemporary studies in the philosophy of legal language are con-nected with K.Olivekrona’s conception of law as a lingvistic reality, with Ch.Perelman’s, J.Habermas’, J. L. Austin’s and J. Searle’s ideas about lan-guage of law as a system of communicative and perfopmative activity.