Revista
de la
Universidad
del Zulia
Fundada en 1947
por el Dr. Jesús Enrique Lossada
DEPÓSITO LEGAL ZU2020000153
Esta publicación científica en formato digital
es continuidad de la revista impresa
ISSN 0041-8811
E-ISSN 2665-0428
Ciencias
Sociales
y Arte
Año 14 N° 41
Septiembre - Diciembre 2023
Tercera Época
Maracaibo-Venezuela
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Normative and Legal Modern Time Terminology: Problem
Application Issues
Yurii Kozar*
Viktor Lazariev**
Nataliia Kapitanenko***
Kostiantyn Fomichov****
Inna Horislavska*****
Natalia Hlebova******
ABSTRACT
The purpose of the research is a comprehensive analysis of approaches to the legal
terminological use in the modern world, highlighting legal terminological peculiarities. The
article uses general scientific and special-scientific research methods, in particular,
dialectical, formal-logical, analysis and synthesis, formal-legal, and other methods of
scientific knowledge. The study revealed application legal terminological peculiarities in
the modern world. It is emphasized that legal concepts are vital for the proper functioning
of legal institutions. It is noted that the majority of legal terms are aimed at unambiguous
and consistent interpretation of legal texts, which are established at the normative level in
various legal documents. At the same time, the boundaries of vast subject areas are unclear,
and their use in different law areas may cause, as a result, the application of different
criteria to establish the essence of the term. It is noted that the legal terminological research
should focus on the legal solution elements to a real life problem.
KEYWORDS: Terminology, law, conceptualization, information, legal systems.
* Bohdan Khmelnitsky Melitopol State Pedagogical University, Zaporizhzhia, Ukraine. ORCID:
https://orcid.org/0000-0002-6424-6419 E-mail: yurij.kozar@ukr.net
** Kharkiv National University of Internal Affairs, Ukraine. ORCID: https://orcid.org/0000-0001-9468-0497
E-mail: judge2101@gmail.com
*** Dnipropetrovsk State University of Internal Affairs, Ukraine. ORCID: https://orcid.org/0000-0002-
1475-5784 E-mail: kapitanenko.np@gmail.com
**** Volodymyr Vynnychenko Central Ukrainian State University, Kropyvnytskyi, Ukraine. ORCID:
https://orcid.org/0000-0003-2062-6441 E-mail: kostyantun_fomichov@ukr.net
***** National University of Life and Environmental Sciences of Ukraine. ORCID:https://orcid.org/0000-
0002-1865-9132 E-маil: horislavska@ukr.net
****** Bohdan Khmelnitsky Melitopol State Pedagogical University, Ukraine. ORCID:
https://orcid.org/0000-0003-3417-1337 E-маil: nat.glebova2005@gmail.com
Recibido: 21/03/2023 Aceptado: 17/05/2023
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Terminología normativa y legal de los tiempos modernos: Problemas
de aplicación
RESUMEN
El objetivo de la investigación es un análisis integral de los enfoques del uso terminológico
jurídico en el mundo moderno, destacando las peculiaridades terminológicas jurídicas. El
artículo utiliza métodos de investigación científicos generales y científicos especiales, en
particular, métodos dialécticos, lógicos-formales, de análisis y síntesis, legales-formales y
otros métodos de conocimiento científico. El estudio reveló peculiaridades terminológicas
jurídicas de aplicación en el mundo moderno. Se enfatiza que los conceptos jurídicos son
vitales para el buen funcionamiento de las instituciones jurídicas. Cabe señalar que la
mayoría de los términos legales tienen como objetivo una interpretación inequívoca y
coherente de los textos legales, que se establecen a nivel normativo en diversos documentos
legales. Al mismo tiempo, los límites de vastas áreas temáticas no están claros y su uso en
diferentes áreas del derecho puede provocar, como resultado, la aplicación de diferentes
criterios para establecer la esencia del término. Se señala que la investigación terminológica
jurídica debe centrarse en los elementos de solución jurídica a un problema de la vida real.
PALABRAS CLAVE: Terminología, Derecho, conceptualización, información, sistemas
jurídicos.
Introduction
To build a modern democratic, legal and social state in modern society, it is not
enough to carry out only the global state system reform. In order to achieve success in this
direction, attention should also be paid to small, but at first glance not important tasks -
elimination of conflicts in legislation, compliance with the rules using legal terminological
in the regulatory legal act system of the state. At the same time, it is worth noting that the
establishment of a legal terminological system, which would fully ensure the proper
functioning in legal sphere, would help the correct terminological application in normative
legal acts.
Quality degree of terminological scientific apparatus significantly affects the
effectiveness of solving certain tasks before us. Taking into account today requirements, it
is worth stating that the low conceptual and categorical apparatus quality becomes an
obstacle to the objective understanding of the studied phenomena, lowers the level of their
objective understanding and deprives scientists of the opportunity to correctly express
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them in the appropriate language formulations (Shestakova), which aims to ensure an
unified understanding by the legal relation subjects to entire array of normative legal acts in
the state.
1. Analysis of recent research and publications
Questions regarding the use and legal terminological essence are constantly in the
field of researchers’ view, which confirms the relevance of our chosen scientific developmed
path. Yes, we can note that K. Perruso (2012; 2013) conducted a comparative analysis of
English and Italian legal terminology.
M. Chroma (2011) attached considerable importance to the synonym and polysemy
use in the legal language in English-speaking countries. I. Genev-Pukhaleva (2011) touched
on the legal terminological use in the European Union in her research. E. Koscialkovska-
Okonska (2011), G. Bednarek (2012) raised the problem of translating legal terminology
from one language to another. O. Ciocchetti and N. Raleigh (2011) outlined specific issues
related to the legal terminological creation. investigated the translation problems of legal
concepts, which include the terminological translation not only from one legal language to
another, but primarily from one legal basis to another. As you can see, in the modern world,
a lot of attention is paid to legal terminological research, but the constant development of
legislation requires more thorough research in this area.
2. Results and their discussion
A significant role in achieving texts compliances of normative legal acts with the
legal technique requirements is played by the correct use of linguistic means, which aims to
comply with the formal certainty of legal norms, since linguistic means, with the help of the
linguistic building proper communication system, provide the opportunity for a clearly
established connection between the law-making system and implementation subjects of
legal norms. This connection can fully exist due to legal terminological presence as the
oldest terminological vocabulary layer, which begins its existence in the deep antiquity
times, when writing was just emerging, and law existed only in the mononorm form and
was supported by customs and traditions.
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Legal terminology is the primary jurisprudence source, from the point of linguistic
view, expresses legal norms with the symbol help, signs and in a phonetic way. This is the
primary basis for creating a proper legal communication system, in which legal
terminologicy plays a significant role. In this aspect, we should note that one of the most
important features inherent in legal terminology is its close connection with a number of
political and legal doctrines, traditions and practice.
An important feature of legal terminologiy is its peculiarity that although it arises
and exists in jurisprudence, it is not fully reflected in normative legal acts. This feature
reflects the scientific nature of the terminological base. Thus, in the scientific works of a
great ammoun of authors, it is possible to trace the formation process of legal terminologyl,
which reflect scientific approaches to the legal category understanding.
Modern terminology characterizes the differential term properties, which in general
distinguish it from general vocabulary system: systematicity, accuracy, formal definiteness,
formalism, standardization, brevity, normativeness, stylistic neutrality, lack of
expressiveness, accuracy. Therefore, legal terminology is a dynamic system. This system is
constantly in motion, evolving, which entails the need for constant comprehensive studies
of the terminological system, both by lawyers on the one hand, and by linguists on the
other.
When studying legal terminology, one should pay attention to such a feature as
belonging to two systems at once: legal and linguistic. On the one hand, as noted, legal
terminological acts as the primary basis, the original jurisprudence element, which finds its
expression in a symbolic form. At the same time, the internal meaning of the term appears
in the definition form that combines the main legal category features. On the other hand, a
term is a type of lexical united use, not a special type of a lexical unit. So, the peculiarity of
the legal term lies in its dual affiliation, in its position as a unit of scientific knowledge and
universal knowledge. From the point of scientific view, the meaningful side of the term is
limited to its absolute value, that is, the scientific definition of the concept that this term
denotes. From the point of vocabulary view, legal term meaning is determined from the
point of absolute value view, i.e. the relationship with a scientific concept, as well as the
place of the term in the lexical-semantic language system.
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Legal terminology is a necessary element for the proper legal institutional
functioning. The vast majority of terms are intended to clearly establish a unified approach
to the legal norm implementation, which are fixed in the normative legal act system of the
state. Their goal is to establish formal certainty under the condition using legal terminology
in various fields of law, scientific works (Jopek-Bosiacka, 2011, p. 9). The essence of the
term itself, its structure is the basis that allows you to build a legal definition in the proper
way, to generalize the features and relationships of this legal category. This, in turn,
determines the appropriateness of legal terminology, its features and place in the
terminology system of legal concepts.
Analyzing approaches to the terminology system in jurisprudence, we can note that
today's terminology can be divided into general legal, branch, and inter-branch terminology
(Artikutsa, 2005). These approaches allow a comprehensive approach to the peculiarities of
the use of the terminological base of jurisprudence in today's conditions. However, due to
the legal terminological use in different areas, we may face the problem that these
categories in different law areas may have different meanings. Therefore, the solution to the
specified problem consists in a comprehensive study of the legal categories that are used
and the development of a single concept that would be understood by this term (Bajcic,
2011, p. 82).
Defining the single meaning of the term also involves processing lexical units in one
direction, isolating a single approach from several researched areas (Bajcic, 2011, p. 84),
which will ensure compliance with formal certainty when using this term. A unified
approach to understanding the legal nature of the term used in different fields of law will
avoid conflicts or gaps in the legislation, which, in turn, will affect the stability of the
current legislation in the state.
Analyzing the legal terminology used in various fields of law, it should be noted that
the subject areas of such categories are mostly blurred, and the application of single
approaches to understanding the essence of this category causes complications. This
feature makes it difficult to work with terminology in jurisprudence both in the
preparation of legal acts, treaties, and in the preparation of international agreements, as
problems may arise with the translation of these terms (Bajcic, 2011, p. 84). Today, this can
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cause a number of complications when solving issues that fall under the jurisdiction of
international legal acts.
In order to resolve the issues of an ambiguous approach to understanding the essence
of legal terminology, in legal science it was proposed to classify terms according to different
subject areas. Legal terminology can also be classified by categories and subcategories. Yes,
we can include social sciences in one of these categories. At the same time, law is one of the
subcategories of this category. In the future, the law is divided into different subsystems
(Bajcic, 2011, p. 84).
Researchers claim that polysemy is quite common in various fields of law. Therefore,
quite naturally, it can be noted that the same system of ambiguity of legal terminology is
found in both current national and international legal acts. Thus, taking into account the
experience of using terminology in the law of the European Union, we can note the
problems of using legal terminology due to the rather complex relationship between the
national legislation of the member states and the legislation of the European Union.
Therefore, the emphasis here is on interdisciplinary concepts, that is, concepts or
institutions that arise in more than one legal field. More specifically, such concepts can
belong both to the national legal system and to the law of the European Union. Although
the same term is used to denote an interdisciplinary concept, its conceptualization may
differ in different law branches and different legal systems (Bajcic, 2011, p. 85), which can
lead to negative consequences when solving a legal case, since one and the parties may
understand the same term in different ways.
Each definition of the term involves the disclosure of its properties and features that
are not fully reflected in the definition. The legal term properties are determined by the
requirements relating to this concept. Therefore, the legal terminological use should be
strictly limited to the formal certainty requirements, as this will allow a clear
understanding of the natural normative legal act. For this purpose, today, a number of
requirements are put forward to legal terminology: 1) each term must reflect only one
concept (within the same terminology), and vice versa, each concept in the certain field
system knowledge concepts or technology must correspond to only one term; 2) the literal
term meaning must correspond to the concept expressed by it; 3) the term can be systemic,
i.e. reflect the objective relationships that exist between the relevant concepts and, in any
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case, not distort them or contradict them; 4) the term should be as short as possible; 5) the
term must have word-forming ability, the ability to create the necessary new terms; 6) the
term should be easy and convenient to pronounce, be sweet-sounding and not cause wrong
associations; 7) the term must fit into the linguistic rules and specific language norms,
spelling and grammar rules; 8) the term must comply with the terminological
recommendations of international organizations.
Thus, legal terminological acts as a special subsystem, which is subject to the general
regularities of language rules and at the same time is closely related to jurisprudence.
A legal terminological system, quite naturally, can be considered a set of legal terms
that function as a separate fragment of the language, subject to its general rules, while
retaining its specificity.
A legal term should be considered as a linguistic certain legal category expression,
with the help of which the normative legal prescription content of the state is fixed, has a
precise and balanced meaning and is characterized by semantic ambiguity and functional
stability.
Among legal terminological key features we can include: its relationship with the
concept; semantic accuracy, which implies clarity, specificity of meaning; nominative
character; ambiguity
Using legal terminology in various areas, the following term system features must be
taken into account: 1) specific directive determination of the term use by means of the
appropriate terminological databases construction; 2) a clear indication of which terms
belong to this area; 3) conducting a conceptual analysis.
Care must be taken when classifying cross-cutting concepts and 'synonyms' such as
the proportionality principle, as they may be subject to the Constitution and the EU law.
Therefore, it is important to remember that although certain interdisciplinary concepts,
that is, concepts used in different law areas, may be united by a single term, their "meaning"
may differ when used in different law areas. This is achieved by using an opaque
terminological approach that overcomes the difficulties of categorizing and conceptualizing
the multidisciplinary concepts required for legal translation.
The use of such an approach aims to create a system of legal terminological certainty.
Its purpose is to convey information about a certain category in each legal system and to
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provide certain bridges between two legal systems so that the user can move from the
concept of one system to comparable concepts of the other one. That is, the user must
receive an answer to the question: how and with the help of which specific concepts is the
legal attitude to the same life aspect in the legal system constructed target.
The main task of using formal certainty in the formation of legal terminology is to
ensure a deep understanding of the terms and concepts use in the target legal system to
solve a legal problem. For this, the legal relation subject must clearly understand which
terms and concepts are used in this legal system. Guided by this, a person can implement
terminological constructions depending on the special circumstances of the case.
This approach makes it possible to obtain information about which terms should be
used when preparing a normative legal act, so that there are no misunderstandings in the
interpretation and application of this act. These decisions are based on the equivalence of
texts, a criterion that is part of the overall strategy for improving the legal system.
The conclusion of this comparative analysis is that ambiguous words by themselves
should not be used in jurisprudence, as this leads to a number of situations that are quite
difficult to resolve due to the ambiguity of the legal norms’ interpretation by different
parties. Based on this, the main legal terminological task is to document the concepts of
each legal system. Only then can functional bridges be established between two different
systems. These bridges or connections do not represent a manifestation of equivalence, but
allow subjects to trace the limits of comparison in the middle of another legal system. A
new analytical model should be developed, which takes into account all possible
interrelationships between legal systems and their corresponding concepts. In the first
attempt to classify the connections between concepts and conceptual groups of one legal
system and another legal system, the following approaches to the new terminological
database model are proposed. The first group of possible connections with other legal
systems is between unique concepts (Sandrini, 2017, p. 106).
Legal terminology needs special attention, since it is precisely in legal language that
the most important role is played by the accuracy of words and the use of terms, on which
the effectiveness of legal norms depends. The terms were created with the aim of the most
accurate, concise and informative presentation of the content of regulatory acts. The
uniformity of the terminology violates the coherence of the system of normative acts and
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leads to inconsistency with the rules of legal technique developed by judicial practice. The
solution of these problems should be facilitated by the unification of regulatory and legal
terminology, which is one of the priority areas of ensuring a unified national legal space,
which aims to create a coherent system of concepts contained in regulatory and legal acts
and doctrinal sources. The current legislation, along with increasing the technical and legal
level of acts, increases their communicative effectiveness. Despite the interest of linguists
and lawyers in the issue of ordering, optimization and unified legal terminological use, in
practice they do not conduct comprehensive research, but only investigate individual
aspects of the problem, and there is still no permanent conceptual apparatus that
characterizes the processes of legal terminological normalization.
The basic unit of legal language is a legal term, which is a word or expression used in
legal language as "a means of legal technique for expressing and establishing the content of
laws and legal norms" and is called a legal concept. Legal terms must have a clear and
formally defined meaning and, as lexical units, must have characteristics characteristic of
concepts. A statutory term (statutory term) can be defined as "a word or expression
intended to denote a precise legal term in a statute".
When talking about legal terminology, it should be borne in mind that it contains
not only legal terms, but also a terminological dictionary of various spheres of economic and
cultural activity, because many types of social relations are regulated by law. Terms used in
regulatory acts and terms used in jurisprudence and legislation are divided into three
groups:
1) commonly used terms – simple and understandable terms used in the presentation
of normative material in the generally accepted sense. Among the latter, some researchers
single out a set of commonly used terms, which in the act acquire a narrower, more
precisely, special meaning, acquire the quality of a legal term in the context of a regulatory
document due to economy and maximization. order accuracy;
2) special technical terms - terms borrowed from the field of special knowledge,
which must be used in regulatory documents within the scope of content and informational
necessity and with the meaning given to them in the relevant field of science or technology;
3) special legal terms - terms used to describe one or another legal term and are an
economic means of conveying legislative opinion. Specific legal terms convey the main
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purpose of the normative text and constitute the main and most informative layer of the
relatively small legislation and contribute to the most efficient and optimal presentation of
the normative provisions. In general, when researching issues of normative-legal
terminology, one should talk about legal terms as such a formation, peculiarities of
normative terms, definition of the principles of formation of the conceptual apparatus of
normative-legal action and. The importance of this apparatus for law enforcement
activities, as well as the rules for the legislative consolidation of such concepts. One of the
features of the language of law is that most legal terms, including evaluative concepts, in
addition to the form and structure common to other terminological systems, are complex
concepts, representing so-called language standards or clichйs, which are defined as a
lexical composition and a number of words : "data protection", "data leak", "data owner",
"data blocking in the system". They ensure that the language of the law is precise.
In addition, regulatory terminology is characterized by multi-component quasi-
terms - multi-layered descriptive expressions of various structures, which provide a fairly
precise definition of the subjects and objects of a certain legal relationship and their
interaction, thus reflecting their essence. In each specific case, the legal relationship is
regulated by the relevant legal act. An example of such multi-component quasi-terms can
be the following terms from the field of information law: "Database for registration of
declarations and statements of the State Register of Land Rights"; "Objects of immovable
property on land plots, the rights to which are subject to state registration";
"Communication operators with significant market advantages in the market of transport
services"; "Advertising activities of goods, services and spectacular events of a sexual or
erotic nature"; "Official publications of state authorities and local self-government" and
others. The study of the problem of legal concepts and legal concepts in the term system of
legislation, as well as in any other sign system, is necessary in connection with the solution
of the problem of the content and form of law. The specificity of legal language is
determined by the need to accurately reflect the ratio of legal terms and the nuances of the
legislator's opinion.
The development of each draft regulatory act should begin with the formulation of
the main concepts that need to be developed, and legislative practice should be based on
the detailed definition of legal concepts. Many scientific studies are devoted to the analysis
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of legal concepts and the formulation of their definitions in normative legal acts, but they
are at best of a branch nature and most of them are reduced to the study of individual
characteristics. Cases of use of one or another term or several terms. As a result, the legal
system lacks "a single concept of implementing the principles of terminology." Therefore,
the study of this issue at the general theoretical level is still relevant. Special terms become
elements of the conceptual apparatus, which are integrated into the regulatory system and
legal terminological one only under the condition of their normative consolidation. At the
legislative level, one should always remember the presence of three main principles of
including concepts in the normative-legal terminology by a hierarchically organized
information-legal system and their protection in legislative activity: these are the principles
of integrity. Structure and hierarchy of the system of legal terms. The logical
interrelationship and structural organization of normative-legal concepts is an objective
regularity of their existence in the legal space of normative-legal acts. The names of these
principles reflect their essence. The principle of the integrity of the system of legal concepts
provides that the same concepts must have the same meaning in the normative legal acts of
the same field of law and provides for the need to monitor and identify changes made to the
conceptual apparatus of current legislation. Cases of using terms in accordance with other
legal acts, replacing them with a later changed definition or removing them.
Legal terms are divided according to different criteria. Depending on the source, the
legal definition can be juridical-practical (legal) and doctrinal. On the other hand, juridical-
practical (legal) definitions can be legislation, official interpretation of laws and law
enforcement. Although official legal explanations or definitions of criminal prosecution do
not contain any legal norms, the legal definition is essentially a normative-legal
specification that contains the most important legally significant features of the term for
consistency with legal regulation. We emphasize that each term must be unambiguous, i.e.
H. the latter should be characterized by clearly defined, mostly motivated specialization
and certain semantic accuracy. However, the uncertainty requirement is somewhat relative.
This directs every modern legal terminological researcher not only to fulfill the requirement
of uncertainty in the formation of new scientific concepts, but also to determine the limits
of this ambiguity, according to which these concepts can have different meanings. It should
be noted that regardless of the chosen political vector of law in the field of law, there is
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always previous experience of law-making activity in the form of habits of thinking,
traditions and stereotypes of law of representatives of various branches of legal science.
Behavior of those involved in the legislative system. Tradition is the most culturally and
historically sensitive category of legal theory and practice. Conclusions of this study and
prospects for further research. So, legal terminological characteristics as a specialized
system of legal terms are: 1) ambiguity - a legal term should denote only one legal term, and
the latter should correspond to only one legal term (although this principle usually applies
to these legal terms). ). which are part of the unified legal terminology); 2) systematicity -
each legal concept is an element of a certain system of legal concepts, which makes it a real
concept; In this system, a certain meaning of a legal term is established and preserved; 3)
definition - a legal term most often has its own definition (legal definition) - normative-
legal (in other words, formally binding, contained in sources of positive law or acts of
official definition) or scientific (doctrinal); 4) Scope of the law concept - legislation
language, law interpretation, law, legal terminological and jurisprudence language
(jurisprudence) application. The conceptual-categorical apparatus is an integral feature of
every branch of jurisprudence, as the set of terms, concepts and categories is the basis of
thelegal norm application. After all, the repeated use of the same term, category in
regulatory legal acts of different law branches, and sometimes within the same one, which
indicates the absence of uniform legal approaches that might have to be applied in practice
for their interpretation by competent authorities. The lack of unequivocal correspondence
between the expressive plan and the content (a concept is a concept) plan, the high
frequency of this phenomenon in the conceptual system indicates the state of its formation
and the irregularity characteristic of this development stage. Since legal terminology is not
a rationally organized, semitically flawless system, the regulation of terminology is a
constant terminological problem, especially in legislation.
Today, the problem using legal terminology in different law branches and in different
legal systems is very acute. Therefore, the scientific world offers several approaches to
solving this problem. The first group of approaches:
a) Direct reference: This is the one to a term in another jurisdiction which has the
same meaning i.e. the identity of the term signs. As opposed to absolute equivalence, there
may be differences in time extension;
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b) Functional reference: both terms have the same function as a legal system element
of the respective legal system and as such have certain common conceptual characteristics;
c) Indirect reference: Both terms refer to the respective function of the respective
legal order within the legal order, but have no common characteristics.
The second group represents the connections between the source set of legal orders
and the target ones. They are additional to the first group and can be considered as more
general connections between the two legal systems:
a) Concepts’ classification: if conceptual relationships are taken into account in
terminographic work, they can serve as an aid to the user to determine whether a higher-
level concept or another term is related to concepts from another legal system;
b) Legal position: reference to the entire legal system is the only possible criterion of
equivalence between two different legal systems, since in both systems we have a legal
solution for the same aspect of real life and a set of terms used for these systems. . Thus, the
subject must be able to see all the concepts that contribute to that particular legal order in
another legal system;
c) Classification: subject classification combines legal parameters for specific topics
with broader categories that users can browse.
The most important goal of such a terminological database would be to provide as
much information as possible about the terms and concepts used in both legal systems. The
final product resembles a knowledge base on a very specific legal topic, representing a
relevant conceptual system in one legal system, with the possibility of transferring legal
concepts from another national legal system to another (Sandrin, 2017, p. 106-107).
Descriptive multilingual terminology that spans two or more jurisdictions is not
intended for conditional decisions like regulatory terminology or translation. A descriptive
approach is limited to an understanding of how concepts and terms are used in the relevant
legal environment. It should provide information, but not force it into an artificial one-to-
one equivalent. Information is obtained through definitions and contexts, as well as from
legal sources in which the concept plays a central role.
It should be noted that although terminological research may encompass more than
one legal solution to a broader problem, legal terminology should focus on elements of the
legal solution to a real-world problem. This focus on the specific legal context is important
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to create coherent concepts rather than individual issues. It would be easy to combine the
several terminologies such as legal frameworks or related frameworks into a larger
terminological product. To achieve high quality, terminological activities should cover
small and very specific subject areas. It would be difficult to conduct a terminological study
of criminal or labor laws; Instead, we should start with specific areas of these disciplines,
for example, in a second step they can be extended to other specific subjects, and such
small dictionaries can be combined into a larger collection that covers a broader subject
such as criminal law. But it is crucial to preserve the systemic aspect of concepts that
contribute to one goal.
Focusing on what is common to two independent national legal systems, that is, on
the specific life aspect as a subject or attempted regulation, can also be a starting point for
analyzing text types from different legal systems. As with terminology, analysis must firstly
define a communicative situation independent wich legal systems. It will then be possible
to analyze the legal basis of each communicative context – laws, regulations, etc., resulting
in specific communicative acts and text types for each jurisdiction. Text types should be
considered specific to a national legal order until a comparative analysis shows that there
are common text characteristics and text types in both legal systems that can be used to
define an abstract text type (Sandrin, 2017, p. 107).
The rapid social development of recent years also influenced legal terminological
development. Recently, this has influenced the development of concepts that appear in
more than one area of law. These terms refer to different law branches within the same
jurisdiction and may belong to different jurisdictions of state.
Conclusions
The use of legal categories to clearly regulate social conditions requires a transparent
terminological approach when using terms in various law fields. This approach includes the
following elements:
1) definition of a certain law field through the appropriate terminological databases
creation;
2) determining which terms belong to a specific area;
3) carrying out a concept analysis.
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Only in this case, it is possible to create functional bridges between two different
systems. These "bridges" or "references" do not represent equivalence cases, but allow the
user to look at another legal system for comparison.
The purpose of legal terminological study is to give us an idea of what concepts and
terms are used in each legal provision. We must perceive information as a whole, and not
look for artificial equivalents of one term to another. Concepts are based on definitions and
contexts, as well as legal sources in which the concept plays a central role.
It should be noted that legal terminological study should be focused on the elements
of a legal solution to a real problem. However, any terminological study must cover more
than one law category. Focusing on a specific legal environment, it is important to consider
a coherent set of concepts rather than individual elements.
Focusing attention on the terminological basic common concept of two independent
national legal systems, that is, on a specific aspect of life as an object or attempted
regulation, can become a starting point for the textual analisis of different legal system
genres. As with terminology, analysis must firstly define a communicative situation
independent of legal systems.
Reference
Artykutsa, N. (2005). Fundamentals of legal terminological doctrine.
http://ekmair.ukma.edu.ua/bitstream/handle/123456789/2457/artykytsa_osnovy_vchennya.
pdf.
Bajcic, М. (2011). Conceptualization of legal terms in different law fields: the need for a
transparent terminological approach. Research in Language, 9.1., Pp.81-93.
Bednarek, G. (2012). The criminal laws approximation in the European Union: the
incongruency demise of legal terminology in legal translation? International Journal for Legal
Communication, Pp. 37-51.
Chiocchetti, Е. Natascia, R. (2011). Legal terminology and Lesser Used Languages: The Case
of Mтcheno. Research in Language, 9.1, Pp. 135-146.
Chromб, М. (2011). Synonyms and Polysems in Legal terminology and Their Applicationsto
Bilingual and Bijural Translation. Research in Language, 9.1., Pp. 31-50.
Genew-Puhalewa, І. (2011). European Union terminology unification – directions for the
contrastive study of two slavic and two non-slavic languages. Research in Language, 9.1., Pp.
69-79.
REVISTA DE LA UNIVERSIDAD DEL ZULIA. 3ª época. Año 14, N° 41, 2023
Yurii Kozar et al // Normative and Legal Modern Time Terminology ...510-525
DOI: https://doi.org/10.46925//rdluz.41.28
525
Jopek-Bosiacka, А. (2011). Defining law terms: a cross-cultural perspective. Research in
Language, 9.1., Pp. 9-29.
Kościałkowska-Okońska, Е. (2011). EU Terminology in Interpreter Training: Selected
Problem Areas Connected with the EU-Related Texts. Research in Language, 9.1., Pp. 111-124.
Peruzzo, К. (2011/2012). Terminological Equivalence and Variation in the EU Multi-level Jurisdiction:
A Case Study on Crime Victims.
Peruzzo, К. (2013). European English terms for Italian legal concepts: the case of the Italian
Criminal Procedure Code. International Translation Journal, 15, Pp. 145-157.
Sandrini, P. (2017). Legal terminology. Some Aspects for a New Methodology. HERMES -
Language and Communication in Business Journal, 12 (22), Pp. 101–111.
