Minchenko O. Legaland linguistic theory of jurisprudence

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0520U100080

Applicant for

Specialization

  • 12.00.01 - Теорія та історія держави і права; історія політичних і правових вчень

27-01-2020

Specialized Academic Board

Д 26.007.04

National Academy of Internal Affairs

Essay

The thesis contains the chain of provisions and conclusions forming legal and linguistic theory of jurisprudence. It is found out that the intention of the legal thought as to interrelation of law and language takes place only in the end of the XIX – the beginning of the XX century, thus the development of the legal linguistics occurs mostly within the Germans and the Roman law family, the initial stage of which has become the edition of the paper with the same name «Legal Linguistics» (Rechtlinguistik)by Adalbert Podleh in 1976. It is defined that the presupposition of the scientific cognition of the legal linguistics itself as well as its subject is social and cultural law paradigm, according to which law and other legal phenomena should be viewed as social and cultural stipulating the necessity of taking into account of the legal culture, within which has arisen and continue functioning the studied phenomenon or subject, and also the necessity of bringing in not only rational, but also sensible cognitive measures.

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